# C_2020215EN.01000301.xml

| 29.6.2020 | EN | Official Journal of the European Union | C 215/3 |
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29.6.2020

EN

Official Journal of the European Union

C 215/3

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Judgment of the Court (Fifth Chamber) of 11 March 2020 — European Commission v Gmina Miasto Gdynia, Port Lotniczy Gdynia Kosakowo sp. z o.o, Republic of Poland

(Case C-56/18 P) (1)

(Appeal - State aid - Article 108(2) TFEU - Investment aid - Operating aid - Airport infrastructure - Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport - Decision of the European Commission - Aid incompatible with the internal market - Order for recovery of the aid - Annulment by the General Court of the European Union - Essential procedural requirement - Procedural rights of the interested parties)

(2020/C 215/03)

Language of the case: Polish

Parties

Appellant: European Commission (represented by: K. Herrmann, D. Recchia and S. Noë, acting as Agents)

Other parties to the proceedings: Gmina Miasto Gdynia, Port Lotniczy Gdynia Kosakowo sp. z o.o (represented by: T. Koncewicz, adwokat, M. Le Berre, avocat, K. Gruszecka Spychała and P. Rosiak, radcowie prawni); Republic of Poland (represented by: B. Majczyna and M. Rzotkiewicz, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union of 17 November 2017, Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (T-263/15); |
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1.

Sets aside the judgment of the General Court of the European Union of 17 November 2017, Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (T-263/15);

| 2. | Rejects the third complaint in the sixth plea in law in the action for annulment in so far as that complaint alleges infringement of the procedural rights of the interested parties in the present case based on the fact that they were not given the opportunity to express their views on the relevance of the Commission Communication entitled ‘Guidelines on State aid to airports and airlines’, before Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport was adopted; |
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2.

Rejects the third complaint in the sixth plea in law in the action for annulment in so far as that complaint alleges infringement of the procedural rights of the interested parties in the present case based on the fact that they were not given the opportunity to express their views on the relevance of the Commission Communication entitled ‘Guidelines on State aid to airports and airlines’, before Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport was adopted;

| 3. | Refers the case back to the General Court of the European Union for a ruling, first, on the aspects of third complaint in the sixth plea in law in the action for annulment on which it did not rule in the judgment of the General Court of the European Union of 17 November 2017, Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (T-263/15), and, secondly, for a ruling on the first to fifth pleas in law of that action; |
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3.

Refers the case back to the General Court of the European Union for a ruling, first, on the aspects of third complaint in the sixth plea in law in the action for annulment on which it did not rule in the judgment of the General Court of the European Union of 17 November 2017, Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission (T-263/15), and, secondly, for a ruling on the first to fifth pleas in law of that action;

| 4. | Reserves the costs. |
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4.

Reserves the costs.

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(1)  OJ C 152, 30.4.2018.

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