HGA srl, v European Commission [2013] EUECJ C-630/11 (13 June 2013)

HGA srl, v European Commission [2013] EUECJ C-630/11 (13 June 2013)

The Court held that the Commission lawfully adopted a corrective decision to address an incomplete or incorrect legal characterisation of the aid scheme, that procedural time-limits for notified aid did not apply to the non-notified, unlawful aid in question, that the alteration introduced by Resolution No 33/6 constituted new and unlawful aid, that the requirement for incentive effect was properly applied, and that the appellants could not rely on legitimate expectations or procedural violations as the relevant procedures and legal standards were observed.

Citation
[2013] EUECJ C-630/11
Parties
Appellants: HGA srl, Gimar srl, Coghene Costruzioni srl, Camping Pini e Mare di Cogoni Franco & C. Sas, Immobiliare 92 srl, Gardena srl, Hotel Stella 2000 srl, Vadis srl, Macpep srl, San Marco srl, Due lune SpA, Hotel Mistral di Bruno Madeddu & C. Sas, L’Esagono di Mario Azara & C. Snc, Le Buganville srl, Le Dune srl, Regione autonoma della Sardegna, Timsas srl, Grand Hotel Abi d’Oru SpA; Respondent: Commission
Jurisdiction
European Union
Judgment Date
13 June 2013
Procedural Posture
Appeal / Judgment on Appeal From General Court Decision in Joined Cases T 394/08, T 408/08, T 453/08 and T 454/08
Outcome
Appeal dismissed; judgment of the General Court and Commission decision upheld.
Legal Topics
State Aid Schemes, Unlawful Aid, Procedural Rights in State Aid Investigations, Incentive Effect of Aid, Legitimate Expectations, Procedural Time Limits, Correction of Administrative Decisions
European Union Law State Aid Law Administrative Law State Aid Schemes Unlawful Aid Procedural Rights in State Aid Investigations Incentive Effect of Aid Legitimate Expectations +2 more

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Parties

HGA srl, Gimar srl, Coghene Costruzioni srl, Camping Pini e Mare di Cogoni Franco & C. Sas, Immobiliare 92 srl, Gardena srl, Hotel Stella 2000 srl, Vadis srl, Macpep srl, San Marco srl, Due lune SpA, Hotel Mistral di Bruno Madeddu & C. Sas, L’Esagono di Mario Azara & C. Snc, Le Buganville srl, Le Dune srl, Regione autonoma della Sardegna, Timsas srl, Grand Hotel Abi d’Oru SpA

Appellants

Commission

Respondent

Procedural Posture

Appeal / Judgment on Appeal From General Court Decision in Joined Cases T 394/08, T 408/08, T 453/08 and T 454/08

Legal Issues

  1. 1 Whether the Commission lawfully adopted a corrective decision in the State aid procedure
  2. 2 Whether procedural time-limits under Regulation No 659/1999 were breached
  3. 3 Whether the aid in question was correctly characterised as new and unlawful

Ratio Decidendi

The Court held that the Commission lawfully adopted a corrective decision to address an incomplete or incorrect legal characterisation of the aid scheme, that procedural time-limits for notified aid did not apply to the non-notified, unlawful aid in question, that the alteration introduced by Resolution No 33/6 constituted new and unlawful aid, that the requirement for incentive effect was properly applied, and that the appellants could not rely on legitimate expectations or procedural violations as the relevant procedures and legal standards were observed.

Court Disposition

Appeal dismissed; judgment of the General Court and Commission decision upheld.

Orders

  • The appeals are dismissed.
  • The appellants are ordered to pay the costs.