Case C-647/19 P: Judgment of the Court (Fourth Chamber) of 2 September 2021 — Ja zum Nürburgring eV v European Commission (Appeal — State aid — Aid in favour of the Nürburgring complex (Germany) — Decision declaring the aid in part incompatible with the internal market — Sale of the assets of the beneficiaries of the State aid declared to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Decision declaring that the reimbursement of the incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex — Admissibility — Status as an interested party — Person individually concerned — Infringement of the procedural rights of the interested parties — Difficulties requiring the initiation of a formal investigation procedure — Justification — Distortion of the evidence)
Date: 2021-09-02
Institutions: Court of Justice
Subjects: Germany, Rhineland-Palatinate, State aid, aid to undertakings, control of State aid, ownership, reimbursement of aid, sports facilities, tendering








C_2021431EN.01001701.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/17






Judgment of the Court (Fourth Chamber) of 2 September 2021 — Ja zum Nürburgring eV v European Commission
(Case C-647/19 P) (1)

(Appeal - State aid - Aid in favour of the Nürburgring complex (Germany) - Decision declaring the aid in part incompatible with the internal market - Sale of the assets of the beneficiaries of the State aid declared to be incompatible - Open, transparent, non-discriminatory and unconditional tender process - Decision declaring that the reimbursement of the incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex - Admissibility - Status as an interested party - Person individually concerned - Infringement of the procedural rights of the interested parties - Difficulties requiring the initiation of a formal investigation procedure - Justification - Distortion of the evidence)
(2021/C 431/16)
Language of the case: German

Parties


Appellant: Ja zum Nürburgring eV (represented by: D. Frey and M. Rudolph, Rechtsanwälte)

Other party to the proceedings: European Commission (represented by: L. Flynn, B. Stromsky and T. Maxian Rusche, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 19 June 2019, Ja zum Nürburgring v Commission (T-373/15, EU:T:2019:432), in so far as, by that judgment, the General Court of the European Union dismissed the action for annulment of the last indent of Article 1 of Commission Decision (EU) 2016/151 of 1 October 2014 on the State aid SA.31550 (2012/C) (ex 2012/NN) implemented by Germany for Nürburgring;










2.


Dismisses the appeal as to the remainder;










3.


Annuls the last indent of Article 1 of Commission Decision (EU) 2016/151 of 1 October 2014 on the State aid SA.31550 (2012/C) (ex 2012/NN) implemented by Germany for Nürburgring;










4.


Orders Ja zum Nürburgring eV and the European Commission to bear their own costs.






(1)  OJ C 372, 4.11.2019.