CELEX: 62019TA0565
Language: en
Date: 2021-12-15 00:00:00
Title: Case T-565/19: Judgment of the General Court of 15 December 2021 — Oltchim v Commission (State aid — Measures taken by Romania to support a petrochemical company — Non-enforcement, accumulation and cancellation of public claims — Action for annulment — Period within which proceedings must be brought — Point from which time starts to run — Article 24(1) of Regulation (EU) 2015/1589 — Interest in bringing proceedings — Existence of one or more measures — State resources — Imputability to the State — Applicability of the private creditor test — Application of the private creditor test — Obligation to state reasons)

21.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 84/35
            
         
      Judgment of the General Court of 15 December 2021 — Oltchim v Commission
      (Case T-565/19) (1)
      
      (State aid - Measures taken by Romania to support a petrochemical company - Non-enforcement, accumulation and cancellation of public claims - Action for annulment - Period within which proceedings must be brought - Point from which time starts to run - Article 24(1) of Regulation (EU) 2015/1589 - Interest in bringing proceedings - Existence of one or more measures - State resources - Imputability to the State - Applicability of the private creditor test - Application of the private creditor test - Obligation to state reasons)
      (2022/C 84/48)
      Language of the case: English
      
         Parties
      
      
         Applicant: Oltchim SA (Râmnicu Vâlcea, Romania) (represented by: C. Arhold, L.-A. Bondoc, S.-E. Petrisor and K. Struckmann, lawyers)
      
         Defendant: European Commission (represented by: V. Bottka and F. Tomat, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU for partial annulment of Commission Decision (EU) 2019/1144 of 17 December 2018 on State aid SA.36086 (2016/C) (ex 2016/NN) implemented by Romania for Oltchim (OJ 2019 L 181, p. 13).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls Article 1(a) and (c) of Commission Decision (EU) 2019/1144 of 17 December 2018 on State aid SA.36086 (2016/C) (ex 2016/NN) implemented by Romania for Oltchim SA;
               
            
                  2.
               
               
                  Annuls Articles 3 to 6 and Article 7(2) of Decision 2019/1144 in so far as they concern the measures referred to in Article 1(a) and (c) of that decision;
               
            
                  3.
               
               
                  Dismisses the action as to the remainder;
               
            
                  4.
               
               
                  Orders Oltchim to bear one quarter of its own costs;
               
            
                  5.
               
               
                  Orders the European Commission to pay three quarters of the costs incurred by Oltchim and to bear its own costs.
               
            
         (1)  OJ C 383, 11.11.2019.