Order — ECLI:EU:T:2018:189
Date: 2018-04-11
Language of the case: Portuguese
Court formation: Sixth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - inadmissible
Origin: Portugal

Order of the General Court of 11 April 2018 — ABES v Commission (Case T-813/16) 1 (Action for annulment — State aid — Grants from the Portuguese authorities to an entity providing social services for the elderly — Preliminary examination procedure — Decision finding no State aid — Action challenging the merits of the contested measure — No substantial effect on the competitive position — Inadmissibility) Language of the case: Portuguese Parties Applicant: ABES (São Pedro de Tomar, Portugal) (represented by: N. Mimoso Ruiz, lawyer) Defendant: European Commission (represented by: M. França and K. Herrmann, acting as Agents) Intervener in support of the defendant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo and M. J. Castanheira Neves, acting as Agents) Re: Application pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2016) 5054 final of 9 August 2016 on State Aid SA.38920 (2014/NN), declaring, after the preliminary examination stage, that the grant awarded to Santa Casa de Misericórdia de Tomar does not constitute State aid within the meaning of Article 107(1) TFEU. Operative part of the order 1. The action is dismissed as inadmissible. 2. Abes — companhia de assistência, bem-estar e serviços para seniores, Lda is ordered to bear its own costs and to pay those incurred by the European Commission. 3. The Portuguese Republic is ordered to bear its own costs. ____________ 1 OJ C 30, 30.1.2017.