Judgment — ECLI:EU:T:2017:675
Date: 2017-09-28
Language of the case: English
Court formation: Seventh Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: Netherlands

Judgment of the General Court (Seventh Chamber) of 28 September 2017 — Aanbestedingskalender and Others v Commission (Case T‑138/15) (State aid — Financing measures granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision finding no State aid — Non-economic services of general interest) 1. State aid — Concept — Criteria for assessment — Cumulative conditions (Art. 107(1) TFEU) (see para 30) 2. Competition — EU rules — Undertaking — Concept — Exercise of an economic activity — Activities connected with the exercise of public power prerogatives — Not included (Art. 107(1) TFEU) (see paras 32-38) 3. Competition — EU rules — Undertaking — Concept — Exercise of an economic activity — E-procurement platform offering a number of functionalities available free-of-charge to contracting entities — Not included — Activities connected with the exercise of public power prerogatives (Art. 107(1) TFEU) (see paras 55-60, 69-71, 73-81, 86, 87, 89-91, 103-108, 116) Re: ACTION pursuant to Article 263 TFEU seeking the annulment of Commission Decision C(2014) 9548 final of 18 December 2014 on State aid SA.34646 (2014/NN) (ex 2012/CP) — The Netherlands E-procurement platform TenderNed. Operative part The Court: 1. Dismisses the action; 2. Orders Aanbestedingskalender BV, Negometrix BV, CTM Solution BV, Stillpoint Applications BV and Huisinga Beheer BV to pay the costs; 3. Orders the Kingdom of the Netherlands and the Republic of Slovakia to bear their own costs.