Order;Information — ECLI:EU:C:2023:806
Date: 2023-10-16
Language of the case: Portuguese
Court formation: Sixth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment;Appeal - unfounded
Origin: Portugal

Order of the Court (Sixth Chamber) of 16 October 2023 – Grapevine v Commission (Case C‑139/23 P) (Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Decision on an aid scheme – Action for annulment – Article 263, sixth paragraph, TFEU – Starting point of the period prescribed for instituting proceedings – Out of time – Excusable error – Appeal manifestly unfounded) 1. Action for annulment – Time limits – Point from which time starts to run – Date of publication or notification – Day on which a measure came to the knowledge of the applicant – Subsidiary matter – Measures required, pursuant to a regulatory provision, to be published in the Official Journal – Decision by the Commission to end a formal investigation procedure concerning State aid – Action brought by a party that is not the addressee of the decision – Time-limit calculated from the date of publication (Art. 263, sixth para., TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paragraphs 22-28) 2. Judicial proceedings – Time limits for instituting proceedings – Time-barred – Excusable error – Strict application of EU rules – Scope (Rules of Procedure of the General Court, Art. 59) (see paragraphs 32-34) Operative part 1. The appeal is dismissed as manifestly unfounded. 2. Grapevine Investimentos e Serviços Lda (Zona Franca da Madeira) shall bear its own costs.