Order;Information — ECLI:EU:C:2020:912
Date: 2020-11-12
Language of the case: Hungarian
Court formation: Sixth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Hungary

Order of the Court (Sixth Chamber) of 12 November 2020 – Lazarus v Commission (Case C‑85/20 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 – Alleged decisions of the European Commission declaring the measure compatible with the internal market – Action for annulment – Deadline for lodging an appeal – Starting point – Awareness of the existence of the contested measure – Reasonable time in which to request the full text thereof – Definition of ‘actionable measure’ within the meaning of Article 263 TFEU – Inadmissibility of the application at first instance – Appeal in part manifestly inadmissible and in part manifestly unfounded) 1. Action for annulment – Time limits – Point from which time starts to run – Day on which a measure came to the knowledge of the applicant – Lack of knowledge of standing at the time at which the applicant became aware of the measure – Irrelevant (Art. 263, fourth and sixth paras, TFEU) (see paras 23-25) 2. Appeal – Grounds – Incorrect assessment of the facts and evidence – 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 TFEU; Statute of the Court of Justice, Art. 58) (see paras 27, 28) 3. Appeal – Pleas in law – Plea submitted for the first time in the context of the appeal – Inadmissibility (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58) (see para. 30) 4. Action for annulment – Time limits – Point from which time starts to run – Measure neither published nor notified to the applicant – Precise knowledge of the content and reasons – Duty to request the whole text of the decision within a reasonable time once its existence is known – Duty to act within a reasonable time – Criteria for assessment Article 263, sixth para., TFEU) (see paras 32-35) 5. Action for annulment – Actionable measures – Meaning – Measures producing binding legal effects –Letter from the Commission addressed to a national court limited to informing it of the progress on the investigation of a State aid complaint – Not included – Application inadmissible (Art. 263 TFEU) (see paras 41-46) 6. Judicial proceedings – Decision taken by way of reasoned order –Recourse to measures of organisation of procedure – Obligation for the General Court to justify the need for those measures – No such obligation – Violation of the rights of the defence – No such violation (Rules of Procedure of the General Court, Arts 89, 90 and 126) (see paras 50-55) Operative part The Court: 1. Dismisses the appeal as, in part, manifestly inadmissible and, in part, manifestly unfounded; 2. Orders Lazarus Szolgáltató és Kereskedelmi Kft. to pay its own costs. 1 JO C 201 of 15.6.2020.