CELEX: 62015TA0353
Language: en
Date: 2019-06-19 00:00:00
Title: Case T-353/15: Judgment of the General Court of 19 June 2019 — NeXovation v Commission (State aid — Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races — Decision finding the aid to be incompatible with the internal market — Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex — Action for annulment — No substantial effect on competitive position — Inadmissibility — Decision finding no State aid after the preliminary examination stage — Action for annulment — Interested party — Legal interest in bringing an action — Admissibility — Breach of procedural rights — No difficulties that would have required the initiation of a formal investigation procedure — Complaint — Sale of the assets of the beneficiaries of the State aid found to be incompatible — Open, transparent, non-discriminatory and unconditional tender process — Diligent and impartial examination — Obligation to state reasons)

26.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/41
            
         
      Judgment of the General Court of 19 June 2019 — NeXovation v Commission
      (Case T-353/15) (1)
      
      (State aid - Individual aid in favour of the Nürburgring complex for the construction of a leisure park, hotels and restaurants as well as for the organisation of motor races - Decision finding the aid to be incompatible with the internal market - Decision finding that the reimbursement of the aid found to be incompatible does not concern the new owner of the Nürburgring complex - Action for annulment - No substantial effect on competitive position - Inadmissibility - Decision finding no State aid after the preliminary examination stage - Action for annulment - Interested party - Legal interest in bringing an action - Admissibility - Breach of procedural rights - No difficulties that would have required the initiation of a formal investigation procedure - Complaint - Sale of the assets of the beneficiaries of the State aid found to be incompatible - Open, transparent, non-discriminatory and unconditional tender process - Diligent and impartial examination - Obligation to state reasons)
      (2019/C 288/53)
      Language of the case: English
      
         Parties
      
      
         Applicant: NeXovation, Inc. (Hendersonville, United States) (represented initially by A. von Bergwelt, F. Henkel and M. Nordmann, and subsequently by A. von Bergwelt and M. Nordmann, lawyers)
      
         Defendant: European Commission (represented by L. Flynn, T. Maxian Rusche and B. Stromsky, Agents)
      
         Re:
      
      Action pursuant to Article 263 TFEU seeking the partial annulment 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 (OJ 2016 L 34, p. 1).
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  
                     Orders that the application for a decision that there is no need to adjudicate on the action be considered together with the substance of the case;
                  
               
            
                  2.
               
               
                  
                     Orders that the application for a decision that there is no need to adjudicate on the action be dismissed;
                  
               
            
                  3.
               
               
                  
                     Dismisses the action;
                  
               
            
                  4.
               
               
                  
                     Orders NeXovation, Inc. to bear its own costs and to pay those incurred by the European Commission.
                  
               
            
         (1)  OJ C 311, 21.9.2015.