Information;Order — ECLI:EU:C:2019:1104
Date: 2019-12-19
Language of the case: Hungarian
Court formation: Seventh Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Hungary

Order of the Court (Seventh Chamber) of 19 December 2019 — OPS Újpest v Commission (Case C‑741/18 P)(1) Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State Aid — Aid implemented by Hungary in favour of undertakings employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Deadline for lodging an appeal — Starting point — Awareness of the existence of the contested measure — Request for translation of the contested measure — Reasonable time — Out of time — Inadmissibility of the action at first instance — Assessment of the facts — Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded) 1. Action for annulment — Time limits — Point from which time starts to run – Commission’s response to a complaint drafted in another language than that of the complaint – Complainant having been in a position to understand the content of the response – Lack of a request for a translation of the response within a reasonable period — Application lodged out of time — Inadmissibility (Art. 263 TFEU; Council Regulation No 1/1958, Art. 2) (see paras 16, 17, 22-24) 2. Appeal — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statue of the Court of Justice, Art. 58, first para.) (see para. 19) 3. Appeal — Grounds – Plea raised against a ground of the order which is not essential to its operative part — Invalid plea in law (Art. 256 TFEU; Statue of the Court of Justice, Art. 58, first para.) (see paras 26, 27) Operative part 1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. OPS Újpesti Csökkentmunkaképességűek Ipari és Kereskemeldi Ktf. (OPS Újpest Kft.) is ordered to bear its own costs and pay those incurred by the European Commission. 1 OJ C 112, 25.3.2019.