Chambre de commerce and d'industrie metropolitaine Bretagne-Ouest (port de Brest) v Commission (Judgment) French Text [2019] EUECJ T-754/17 (30 April 2019)

Chambre de commerce and d'industrie metropolitaine Bretagne-Ouest (port de Brest) v Commission (Judgment) French Text [2019] EUECJ T-754/17 (30 April 2019)

The General Court held that the applicant was directly and individually concerned by the Commission decision as a member of a closed group of beneficiaries of the pre-existing tax exemption regime. The Court rejected the arguments on violation of good administration and rights of defence, finding no procedural...

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Citation
[2019] EUECJ T-754/17
Parties
Applicant: Chambre de commerce et d’industrie métropolitaine Bretagne-Ouest (port de Brest); Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Annulment Action Under Article 263 TFEU / Judgment at First Instance (general Court, Sixth Chamber)
Outcome
Action dismissed
Legal Topics
State Aid Regime, Tax Exemption, Economic Activity, Service of General Economic Interest (sieg), Principle of Good Administration, Obligation to State Reasons, Standing to Challenge EU Acts
European Union Law Competition Law State Aid State Aid Regime Tax Exemption Economic Activity Service of General Economic Interest (sieg) Principle of Good Administration +2 more

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Parties

Chambre de commerce et d’industrie métropolitaine Bretagne-Ouest (port de Brest)

Applicant

Commission européenne

Respondent

Procedural Posture

Annulment Action Under Article 263 TFEU / Judgment at First Instance (general Court, Sixth Chamber)

  1. 1 Whether the applicant has standing to challenge the Commission decision under Article 263 TFEU
  2. 2 Whether the Commission violated the principle of good administration and the applicant's rights of defence
  3. 3 Whether the activities of the port constitute economic activities under Article 107(1) TFEU

Ratio Decidendi

The General Court held that the applicant was directly and individually concerned by the Commission decision as a member of a closed group of beneficiaries of the pre-existing tax exemption regime. The Court rejected the arguments on violation of good administration and rights of defence, finding no procedural irregularity or prejudice. On the merits, the Court found that the port's activities are economic in nature for the purposes of Article 107(1) TFEU, that the tax exemption constitutes State aid incompatible with the internal market, and that the exemption does not meet the strict Altmark criteria for SIEG compensation. The action was dismissed in its entirety.

Court Disposition

Action dismissed

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs.