Case C-638/19 P: Judgment of the Court (Grand Chamber) of 25 January 2022 — European Commission v European Food SA and Others (Appeal — State aid — Articles 107 and 108 TFEU — Bilateral Investment Treaty — Arbitration clause — Romania — Accession to the European Union — Repeal of a tax incentives scheme prior to accession — Arbitral award granting payment of damages after accession — European Commission decision declaring that payment to be State aid incompatible with the internal market and ordering its recovery — Competence of the Commission — Application ratione temporis of EU law — Determination of the date at which the right to receive aid is conferred on the beneficiary — Article 19 TEU — Articles 267 and 344 TFEU — Autonomy of EU law)
Date: 2022-01-25
Institutions: Court of Justice
Subjects: Romania, State aid, accession to the European Union, arbitration clause, control of State aid, damages, international arbitration, investment, reimbursement of aid, tax incentive








C_2022119EN.01000301.xml










14.3.2022   


EN


Official Journal of the European Union


C 119/3






Judgment of the Court (Grand Chamber) of 25 January 2022 — European Commission v European Food SA and Others
(Case C-638/19 P) (1)

(Appeal - State aid - Articles 107 and 108 TFEU - Bilateral Investment Treaty - Arbitration clause - Romania - Accession to the European Union - Repeal of a tax incentives scheme prior to accession - Arbitral award granting payment of damages after accession - European Commission decision declaring that payment to be State aid incompatible with the internal market and ordering its recovery - Competence of the Commission - Application ratione temporis of EU law - Determination of the date at which the right to receive aid is conferred on the beneficiary - Article 19 TEU - Articles 267 and 344 TFEU - Autonomy of EU law)
(2022/C 119/03)
Language of the case: English

Parties


Applicant: European Commission (represented by: T. Maxian Rusche and P.J. Loewenthal, acting as Agents)

Other parties to the proceedings: European Food SA, Starmill SRL, Multipack SRL, Scandic Distilleries SA, Ioan Micula (represented by: K. Struckmann, Rechtsanwalt, and G. Forwood, avocat, and by A. Kadri, Solicitor), Viorel Micula, European Drinks SA, Rieni Drinks SA, Transilvania General Import-Export SRL, West Leasing SRL, formerly West Leasing International SRL (represented by: J. Derenne, D. Vallindas and O. Popescu, avocats), Kingdom of Spain (represented: initially by S. Centeno Huerta, acting as Agent, and subsequently by A. Gavela Llopis, acting as Agent), Hungary

Interveners in support of the applicant: Federal Republic of Germany (represented by: D. Klebs, R. Kanitz and J. Möller, acting as Agents), Republic of Latvia (represented by: K. Pommere, acting as Agent), Republic of Poland (represented by: D. Lutostańska, B. Majczyna and M. Rzotkiewicz, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 18 June 2019, European Food and Others v Commission (T-624/15, T-694/15 and T-704/15, EU:T:2019:423);










2.


Declares that there is no need to adjudicate on the cross-appeal;










3.


Refers the case back to the General Court of the European Union for it to adjudicate on the pleas and arguments raised before it on which the Court of Justice of the European Union has not given a ruling;










4.


Reserves the costs.






(1)  OJ C 348, 14.10.2019.