Order — ECLI:EU:C:2016:757
Date: 2016-10-05
Language of the case: Spanish
Court formation: Seventh Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded;Appeal - decision unnecessary
Origin: Spain

Order of the Court (Seventh Chamber) of 5 October 2016 — Diputación Foral de Bizkaia v Commission (Case C‑426/15 P) (1) (Appeal — Article 181 of the Rules of Procedure of the Court — State aid — Article 108(3) TFEU — Commission decision declaring aid to be unlawful — No prior notification — Determination of the date of award of the aid — Agreements granting aid — Unconditional commitment to award aid — Taking into account of national legislation — Formal investigation procedure — Principle of sound administration — Rights of the defence) 1. State aid — Planned aid — Absence of notification — Determination of the date of award of aid likely to vary depending on the nature of the aid at issue — Aid granted by means of conventions containing an unconditional commitment — Date of award corresponding to that of the signature of the convention (Art. 108(3) TFEU) (see paras 29, 30) 2. State aid — Aid awarded contrary to the rules of procedure laid down in Article 108(3) TFEU — Finding of an infringement of that article not dependent on whether there has been an infringement of national law (Art. 108(3) TFEU) (see paras 31-33) 3. State aid — Examination by the Commission — Administrative procedure — Commission obligation to give the parties concerned, and therefore the infra-State bodies, notice to submit their comments — Limits (Art. 108(2) TFEU) (see paras 44-47) Operative part 1. The appeal is dismissed. 2. Diputación Foral de Bizkaia shall pay the costs. 1 OJ C 337, 12.10.2015.