Judgment — ECLI:EU:T:2013:98
Date: 2013-02-27
Language of the case: English
Court formation: Fifth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: Hungary

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to documents annexed to the application — Inadmissible (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 21) 3. State aid — Commission decision finding aid to be incompatible with the common market — Obligation to state reasons — Scope — Account taken of the context and all the legal rules — No obligation to reply to all the arguments put forward during the administrative procedure (Arts 107(1) TFEU and 296 TFEU; Commission Notice 2004/C 244/02) (see paras 27, 101-105, 117) 4. State aid — Concept — Aid granted to a public undertaking — Undertaking controlled by the State — Imputability to the State of the aid measure — Exclusion — Whole of the evidence to be taken into consideration (Art. 107(1) TFEU) (see paras 59-67) 5. State aid — Examination by the Commission — Decision to open the formal investigation procedure under Article 108(2) TFEU — Decision capable of diverging from the final decision (Art. 108(2) TFEU) (see paras 76, 77, 97) 6. State aid — Effect on trade between Member States — Adverse effect on competition — Criteria for assessment (Art. 107(1) TFEU) (see paras 89-93) 7. State aid — Administrative procedure — Right of the persons concerned to be heard — Limits (Art. 108(2) TFEU) (see para. 118) 8. EU law — Principles — Protection of legitimate expectations — Decision of the Commission to open a formal procedure for investigating a State aid measure — Provisional assessment of the latter — No legitimate expectations (see para. 121) 9. State aid — Prohibition — Exceptions — Aid which may be considered compatible with the common market — Aid to remedy serious disturbance in the economy of a Member State — Assessment — Taking into account previous practice — Exclusion (Art. 107(3)(b) TFEU) (see para. 126) 10. Judicial proceedings — Measures of organisation of procedure — Request for production of documents — Obligations of the claimant (Rules of Procedure of the General Court, Art. 64(3)(d) and (4)) (see para. 130) Re: APPLICATION for annulment of Commission Decision 2011/269/EU of 27 October 2010 on State aid C 14/09 (ex NN 17/09) granted by Hungary to Péti Nitrogénművek Zrt. (OJ 2011 L 118, p. 9). Operative part The Court: 1. Dismisses the action; 2. Orders Nitrogénművek Vegyipari Zrt. to pay the costs.