Judgment;Information — ECLI:EU:T:2022:554
Date: 2022-09-14
Language of the case: Finnish
Court formation: Sixth Chamber, Extended Composition
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Finland

Summary of the pleas in law on which the application is based – Pleas in law not set out in the application – General reference to the pleas in law relied on in a related case – Inadmissibility (Rules of Procedure of the General Court, Art. 76(d)) (see paragraph 236) 8. State aid – Recovery of unlawful aid – Determination of the debtor where assets transferred – Undertaking in receipt of the aid taken over by another company during the formal investigation procedure – Recovery obligation passed on to the company making the acquisition where there is economic continuity – Assessment of the existence of economic continuity – Criteria – Acquisition of the undertaking in receipt of the aid at a price below market price – Assessment (Art. 108(2) TFEU) (see paragraphs 239-286) 9. State aid – Recovery of unlawful aid – Restoration of the prior situation – Breach of principle of proportionality – None (Art. 108 TFEU) (see paragraphs 293-300) 10. State aid – Examination by the Commission – Decision to initiate the formal investigation procedure provided for in Article 108(2) TFEU – Evolution of the Commission’s position at the conclusion of the procedure – Divergence between the opening decision and the final decision – Whether permissible – Conditions – No change to the facts or legal classification of those facts on which the decision initiating the procedure was based (Art. 108(2) TFEU) (see paragraphs 303-313) Operative part The Court: 1. Dismisses the action; 2. Orders Helsingin kaupunki to bear its own costs and to pay those incurred by the European Commission, including those relating to the proceedings for interim measures, as well as those incurred by Nobina Oy and Nobina AB; 3. Orders the Republic of Finland to bear its own costs. 1 OJ C 363, 28.10.2019.