CELEX: 62014CA0033
Language: en
Date: 2015-09-17 00:00:00
Title: Case C-33/14 P: Judgment of the Court (Third Chamber) of 17 September 2015 — Mory SA, in liquidation, Mory Team, in liquidation, Superga Invest v European Commission (Appeal — State aid — Actions for annulment — Article 263 TFEU — Admissibility — Unlawful and incompatible aid — Obligation to recover — European Commission decision not to extend the recovery obligation to the successor of the aid beneficiary — Interest in bringing proceedings — Action for damages and for the recovery of aid before the national courts — Locus standi — Appellant not individually concerned)

9.11.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 371/7
            
         Judgment of the Court (Third Chamber) of 17 September 2015 — Mory SA, in liquidation, Mory Team, in liquidation, Superga Invest v European Commission
   (Case C-33/14 P) (1)
   
   ((Appeal - State aid - Actions for annulment - Article 263 TFEU - Admissibility - Unlawful and incompatible aid - Obligation to recover - European Commission decision not to extend the recovery obligation to the successor of the aid beneficiary - Interest in bringing proceedings - Action for damages and for the recovery of aid before the national courts - Locus standi - Appellant not individually concerned))
   (2015/C 371/09)
   Language of the case: French
   
      Parties
   
   
      Appellants: Mory SA, in liquidation, Mory Team, in liquidation, Superga Invest (represented by: B. Vatier and F. Loubières, avocats)
   
      Other party to the proceedings: European Commission (represented by: T. Maxian Rusche and B. Stromsky, acting as Agents)
   
      Operative part of the judgment
   
   The Court:
   
               1)
            
            
               Sets aside the Order of the General Court of the European Union in Mory and Others v Commission (T-545/12, EU:T:2013:607);
            
         
               2)
            
            
               Dismisses as inadmissible the action for annulment brought by Mory SA, Mory Team and Superga Invest against Decision C(2012) 2401 final of the Commission of 4 April 2012 concerning the takeover of assets of the Sernam group as part of its composition with creditors;
            
         
               3)
            
            
               Orders Mory SA, Mory Team, Superga Invest and the European Commission to bear their own costs relating both to the proceedings at first instance and to the appeal.
            
         
      (1)  OJ C 102, 7.4.2014.