Judgment — ECLI:EU:C:2019:932
Date: 2019-11-07
Language of the case: English
Court formation: Fifth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded
Origin: Netherlands

Judgment of the Court (Fifth Chamber) of 7 November 2019 — Aanbestedingskalender and Others v Commission (Case C‑687/17 P) (1) (Appeal — State aid — Aid granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision that the measure does not constitute State aid, within the meaning of Article 107(1) TFEU) 1. Competition — EU rules — Undertaking — Concept — Exercise of an economic activity — Activities connected with the exercise of public power prerogatives — Activities not able to be separated therefrom — Not included (Art. 107(1) TFEU) (see paras 15-19, 44) 2. Competition — EU rules — Undertaking — Concept — Exercise of an economic activity — Electronic public procurement platform offering a certain number of functions, available free of charge to awarding bodies — Activities of the platform connected in part with the exercise of public power prerogatives — Exclusion of those activities and of all connected activities not able to be separated therefrom (Art. 107(1) TFEU) (see paras 39-45) Operative part The Court: 1. Dismisses the appeal; 2. Orders Aanbestedingskalender BV, Negometrix BV, CTM Solution BV, Stillpoint Applications BV and Huisinga Beheer BV to pay the costs; 3. Orders the Kingdom of the Netherlands to bear its own costs. 1 OJ C 94, 12.3.2018.