Information;Order — ECLI:EU:T:2021:14
Date: 2021-01-20
Language of the case: French
Subject matter: State aids;Competition;Provisions governing the Institutions
Procedure: Action for damages - unfounded

Order of the General Court (Ninth Chamber) of 20 January 2021 – KC v Commission (Case T‑580/20) (Action for damages – State aid – Complaint – Failure to initiate the formal investigation procedure – Sufficiently serious breach of a rule of law conferring rights on individuals – Action manifestly lacking any foundation in law) 1. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – One of the conditions not satisfied – Claim for compensation dismissed in its entirety (see paras 16, 17) 2. Non-contractual liability – Conditions – Unlawfulness – Sufficiently serious breach of EU law – Requirement that the institutions manifestly and seriously disregard the limits of their discretion – Failure of the Commission to initiate the formal investigation procedure – No illegality capable of rendering the EU non-contractually liable (see paras 18-21, 29, 30) 3. State aid – Examination by the Commission – Preliminary review and main review – Difficulties of assessment – Commission’s duty to initiate the main review procedure – Serious difficulties – Decision not taken within a reasonable time (Art. 108(2) and (3) TFEU) (see paras 23-25) Re: Application based on Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant owing to the Commission’s failure to initiate, in a timely manner, the formal investigation procedure following the applicant’s State aid complaint (SA.46963). Operative part The Court: 1. Dismisses the action; 2. Orders KC to pay the costs.