Case T-108/16: Judgment of the General Court of 15 March 2018 — Naviera Armas v Commission (State aid — Conditions of use of the Puerto Las Nieves port infrastructure by a shipping company — Exclusive use of infrastructures financed by public funds, without a concession contract — Partial exoneration of payment of port dues — Complaint lodged by a competitor — Decision finding no State aid at the end of the preliminary investigation procedure — Serious difficulties in the examination of the measures concerned — Developments in the situation during the administrative procedure — Concept of advantage granted by means of State resources — Errors of assessment of the facts and errors of law — Decision of a national court suspending the effects of a tendering procedure — Requirement of diligent and impartial examination of the complaint)
Date: 2018-03-15
Institutions: General Court
Subjects: Canary Islands, Spain, State aid, charges for use of infrastructure, control of State aid, harbour installation, maritime shipping, public financing, service concession, tendering








C_2018152EN.01002701.xml










30.4.2018   


EN


Official Journal of the European Union


C 152/27





Judgment of the General Court of 15 March 2018 — Naviera Armas v Commission
(Case T-108/16) (1)

((State aid - Conditions of use of the Puerto Las Nieves port infrastructure by a shipping company - Exclusive use of infrastructures financed by public funds, without a concession contract - Partial exoneration of payment of port dues - Complaint lodged by a competitor - Decision finding no State aid at the end of the preliminary investigation procedure - Serious difficulties in the examination of the measures concerned - Developments in the situation during the administrative procedure - Concept of advantage granted by means of State resources - Errors of assessment of the facts and errors of law - Decision of a national court suspending the effects of a tendering procedure - Requirement of diligent and impartial examination of the complaint))
(2018/C 152/32)
Language of the case: Spanish

Parties


Applicant: Naviera Armas, SA (Las Palmas de Gran Canaria, Spain) (represented by: J. L. Buendía Sierra and Á. Givaja Sanz, lawyers)

Defendant: European Commission (represented by: A. Bouchagiar, G. Luengo and S. Noë, acting as Agents)

Intervener in support of the defendant: Fred Olsen, SA (Santa Cruz de Tenerife, Spain) (represented by: F. Marín Riaño, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2015) 8655 final of 8 December 2015 concerning State aid SA.36628 (2015/NN) (ex 2013/CP) — Spain — Fred Olsen.

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2015) 8655 final of 8 December 2015 concerning State aid SA.36628 (2015/NN) (ex 2013/CP) — Spain — Fred Olsen in so far as it is found therein that, at the end of the preliminary investigation procedure, the exclusive use of the Puerto de Las Nieves port infrastructure by Fred Olsen, SA had not entailed any State aid to that company;










2.


Dismisses the action as to the remainder;










3.


Orders Naviera Armas, SA to bear 25 % of its own costs, with the remainder to be paid by the European Commission;










4.


Orders the Commission and Fred Olsen to bear their own costs.






(1)  OJ C 175, 17.5.2016.