Case T-778/17

Court of Justice

Status: Closed

Case on which the appeal is based: 62017TJ0778

DECISION

Title: Judgment of the Court (Second Chamber) of 11 November 2021. Autostrada Wielkopolska S.A. v European Commission and Republic of Poland. Appeal – State aid – Toll-motorway concession – Law providing for an exemption from tolls for certain vehicles – Compensation granted to the concession holder by the Member State for loss of revenue – Shadow toll – Compensation found by the European Commission to be excessive and to include State aid – Commission decision declaring that aid incompatible with the internal market and ordering its recovery – Procedural rights of the aid beneficiary – Commission’s obligation to exercise particular vigilance – Concept of ‘State aid’ – Advantage – Improvement of the concession holder’s expected financial situation – Criterion of the private operator in a market economy – Distortion of the evidence – Breach of the obligation to state reasons – Misreading of the decision at issue – Substitution of grounds – Reversal of the burden of proof – Breach of the principle of primacy of EU law – Judicial review to be conducted by the General Court – Requirements and limits. Case C-933/19 P.
ECLI identifier: ECLI:EU:C:2021:905
Applicant: Individual
Defendant: European Commission, EU institutions and bodies
Judge-Rapporteur: Arabadjiev
Type of procedure: Action for annulment,Appeal - unfounded

11/11/2021

Title: Case T-778/17: Action brought on 28 November 2017 — Autostrada Wielkopolska v Commission

29/01/2018

Title: Judgment of the General Court (Ninth Chamber) of 24 October 2019 (Extracts). Autostrada Wielkopolska S.A. v European Commission. State aid – Toll-motorway concession – Law providing for an exemption from tolls for certain vehicles – Compensation granted to the concession holder by the Member State for loss of revenue – Shadow tolls – Decision declaring aid incompatible with the internal market and ordering its recovery – Procedural rights of the interested parties – Commission’s obligation to exercise particular vigilance – Concept of State aid – Advantage – Improvement of the concessionaire’s expected financial situation – Criterion of the private operator in a market economy – Article 107(3)(a) TFEU – Regional State aid. Case T-778/17.
ECLI identifier: ECLI:EU:T:2019:756
Applicant: Individual
Defendant: European Commission, EU institutions and bodies
Judge-Rapporteur: Gervasoni
Type of procedure: Action for annulment - unfounded
Complementary documents:: Abstract

Communication published in the Official Journal

24/10/2019