Judgment — ECLI:EU:T:2018:317
Date: 2018-05-31
Language of the case: Dutch
Court formation: Fifth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded;Application for measures of inquiry - successful
Origin: Netherlands

summary of the pleas in law on which the application is based — Abstract statement — Inadmissibility 4. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Abstract statement — Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(d)) (see para. 113) 5. EU law — Principles — Equal treatment — Need to comply with the principle of legality — Impossible to rely on an unlawful act committed in favour of a third party (see para. 116) 6. EU law — Principles — Equal treatment — Infringement — Meaning 6. EU law — Principles — Equal treatment — Infringement — Meaning (see para. 119) Re: Re: Application under Article 263 TFEU for annulment of Commission Decision (EU) 2016/634 of 21 January 2016 on aid measure SA.25338 (2014/C) (ex E 3/2008 and ex CP 115/2004) implemented by the Netherlands — Corporate tax exemption for public undertakings (OJ 2016 L 113, p. 148). Operative part The Court: 1. Grants Havenbedrijf Moerdijk NV leave to replace Havenschap Moerdijk as applicant; 2. Dismisses the action; 3. Orders Groningen Seaports NV and the other applicants whose names appear in the annex to bear their own costs and those incurred by the European Commission; 2. Dismisses the action; 3. Orders Groningen Seaports NV and the other applicants whose names appear in the annex to bear their own costs and those incurred by the European Commission; 4. Orders the Kingdom of the Netherlands to bear its own costs. 3. Orders Groningen Seaports NV and the other applicants whose names appear in the annex to bear their own costs and those incurred by the European Commission; 4. Orders the Kingdom of the Netherlands to bear its own costs. 4. Orders the Kingdom of the Netherlands to bear its own costs.