CELEX: 62015TA0373
Language: en
Date: 2019-06-19 00:00:00
Title: Case T-373/15: Judgment of the General Court of 19 June 2019 — Ja zum Nürburgring 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 — Association — Status of negotiator — 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 of interested parties — 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 — Obligation to state reasons — Principle of sound administration)

26.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/42
            
         
      Judgment of the General Court of 19 June 2019 — Ja zum Nürburgring v Commission
      (Case T-373/15) (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 - Association - Status of negotiator - 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 of interested parties - 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 - Obligation to state reasons - Principle of sound administration)
      (2019/C 288/54)
      Language of the case: German
      
         Parties
      
      
         Applicant: Ja zum Nürburgring eV (Nürburg, Germany) (represented initially by D. Frey, M. Rudolph and S. Eggerath, and subsequently by D. Frey and M. Rudolph, 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 dismissed;
                  
               
            
                  2.
               
               
                  
                     Dismisses the action;
                  
               
            
                  3.
               
               
                  
                     Orders Ja zum Nürburgring eV to bear its own costs and to pay those incurred by the European Commission.
                  
               
            
         (1)  OJ C 337, 12.10.2015.