Ighoga Region 10 and Others v Commission (State Aid - Judgment) French Text [2022] EUECJ T-582/20 (19 October 2022)

Ighoga Region 10 and Others v Commission (State Aid - Judgment) French Text [2022] EUECJ T-582/20 (19 October 2022)

The General Court found that the Commission did not encounter serious difficulties during its preliminary examination of the measures in question. The applicants failed to provide sufficient evidence of irregularities or market non-conformity in the tender procedures, rent levels, or alleged indirect advantages. The...

Source-derived case information.

Citation
[2022] EUECJ T-582/20
Parties
Applicant: Interessengemeinschaft der Hoteliers und Gastronomen Region 10 e. V. (Ighoga Region 10); Applicant: MJ; Applicant: MK; Respondent: Commission européenne; Intervener: République fédérale d’Allemagne
Jurisdiction
European Union
Procedural Posture
Annulment Action (article 263 Tfeu) / Judgment (first Instance, General Court, Sixth Chamber)
Outcome
Action dismissed
Legal Topics
State Aid Procedure, Rights of Interested Parties, Preliminary Examination, Serious Difficulties, Market Conformity of Public Measures
EU Law State Aid State Aid Procedure Rights of Interested Parties Preliminary Examination Serious Difficulties Market Conformity of Public Measures

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Parties

Interessengemeinschaft der Hoteliers und Gastronomen Region 10 e. V. (Ighoga Region 10)

Applicant

MJ

Applicant

MK

Applicant

Commission européenne

Respondent

République fédérale d’Allemagne

Intervener

Procedural Posture

Annulment Action (article 263 Tfeu) / Judgment (first Instance, General Court, Sixth Chamber)

  1. 1 Whether the Commission was required to open a formal investigation procedure under Article 108(2) TFEU due to serious difficulties in assessing the existence of State aid.
  2. 2 Whether the applicants' procedural rights were infringed by the Commission's decision not to open a formal investigation.

Ratio Decidendi

The General Court found that the Commission did not encounter serious difficulties during its preliminary examination of the measures in question. The applicants failed to provide sufficient evidence of irregularities or market non-conformity in the tender procedures, rent levels, or alleged indirect advantages. The Commission's assessment was diligent, impartial, and based on adequate information. Therefore, the Commission was not required to open a formal investigation, and the applicants' procedural rights were not infringed.

Court Disposition

Action dismissed

Orders

  • The application for annulment is dismissed.
  • Applicants are ordered to pay the costs.