Judgment — ECLI:EU:T:2011:650
Date: 2011-11-10
Language of the case: English
Court formation: Seventh Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible
Origin: Germany;Greece

Judgment of the General Court (Seventh Chamber) of 10 November 2011 – Elliniki Nafpigokataskevastiki and Others v Commission (Case T-384/08) State aid – Shipbuilding – Aid granted by the Greek authorities in the form of an indemnification guarantee – Decision declaring aid incompatible with the common market – Concept of State aid – Imputability to the State – State resources – Private investor test 1. State aid – Concept – Aid granted by a public undertaking – State-controlled undertaking – Whether aid measure automatically attributable to the State – Not automatically attributable – Series of indicators to be taken into consideration (Art. 87(1) EC) (see paras 50-54, 63-69) 2. State aid – Concept – Guarantee given by the State – Included – State resources not immediately and certainly mobilised – Not relevant (Art. 87(1) EC) (see paras 89-90) Re: APPLICATION for annulment of Article 16 of Commission Decision 2009/610/EC of 2 July 2008 on the measures C 16/04 (ex NN 29/04, CP 71/02 and CP 133/05) implemented by Greece in favour of Hellenic Shipyards SA (OJ 2009 L 225, p. 104). Operative part The Court: 1. Dismisses the action; 2. Orders Elliniki Nafpigokataskevastiki AE Chartofylakeiou, Howaldtswerke-Deutsche Werft GmbH and ThyssenKrupp Marine Systems AG to bear their own costs and to pay those incurred by the European Commission and by Trapeza Peiraios AE.