CELEX: 62017TA0778
Language: en
Date: 2019-10-24 00:00:00
Title: Case T-778/17: Judgment of the General Court of 24 October 2019 — Autostrada Wielkopolska v Commission (State aid — Toll-motorway concession — Law providing for an exemption from tolls for certain vehicles — Compensation granted to the concession holder by the Member State for loss of revenue — Shadow toll — Decision declaring aid incompatible with the internal market and ordering its recovery — Procedural rights of the interested parties — Commission’s obligation to exercise particular vigilance — Concept of State aid — Advantage — Improvement of the concessionaire’s expected financial situation — Criterion of the private operator in a market economy — Article 107(3)(a) TFEU — Regional State aid)

23.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 432/38
            
         
      Judgment of the General Court of 24 October 2019 — Autostrada Wielkopolska v Commission
      (Case T-778/17) (1)
      
      (State aid - Toll-motorway concession - Law providing for an exemption from tolls for certain vehicles - Compensation granted to the concession holder by the Member State for loss of revenue - Shadow toll - Decision declaring aid incompatible with the internal market and ordering its recovery - Procedural rights of the interested parties - Commission’s obligation to exercise particular vigilance - Concept of State aid - Advantage - Improvement of the concessionaire’s expected financial situation - Criterion of the private operator in a market economy - Article 107(3)(a) TFEU - Regional State aid)
      (2019/C 432/43)
      Language of the case: English
      
         Parties
      
      
         Applicant: Autostrada Wielkopolska S.A. (Poznań, Poland) (represented by: O. Geiss, D. Tayar and T. Siakka, lawyers)
      
         Defendant: European Commission (represented by: L. Armati, K. Herrmann and S. Noë, acting as Agents)
      
         Intervener in support of the defendant: Republic of Poland (represented by: B. Majczyna and M. Rzotkiewicz, acting as Agents)
      
         Re:
      
      Action under Article 263 TFEU seeking annulment of Commission Decision (EU) 2018/556 of 25 August 2017 on the State aid SA.35356 (2013/C) (ex 2013/NN, ex 2012/N) implemented by Poland for Autostrada Wielkopolska S.A. (OJ 2018 L 92, p. 19).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders Autostrada Wielkopolska S.A. to bear its own costs and to pay those incurred by the European Commission;
                  
               
            
                  3.
               
               
                  
                     Orders the Republic of Poland to bear its own costs.
                  
               
            
         (1)  OJ C 32, 29.1.2018.