UPF v Commission (Competition - Judgment) French Text [2019] EUECJ T-747/17 (30 April 2019)

UPF v Commission (Competition - Judgment) French Text [2019] EUECJ T-747/17 (30 April 2019)

The Court held that the applicant association had standing only insofar as it represented members who had not brought their own actions. On the merits, the Court found the Commission correctly characterized the tax exemption as State aid for the economic activities of ports, properly distinguished between economic...

Source-derived case information.

Citation
[2019] EUECJ T-747/17
Parties
Applicant: Union des ports de France – UPF; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Action for Annulment / Judgment at First Instance
Outcome
Action dismissed
Legal Topics
State Aid Regime, Tax Exemption, Economic Activity, Distortion of Competition, Standing to Sue, Procedural Admissibility
EU Law Competition Law State Aid State Aid Regime Tax Exemption Economic Activity Distortion of Competition Standing to Sue +1 more

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Summary, issues, holding and outcome

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Parties

Union des ports de France – UPF

Applicant

Commission européenne

Respondent

Procedural Posture

Action for Annulment / Judgment at First Instance

  1. 1 Whether the French corporate tax exemption for ports constitutes unlawful State aid under Article 107(1) TFEU
  2. 2 Whether the applicant association has standing to challenge the Commission decision
  3. 3 Whether the Commission erred in its assessment of the economic nature of port activities

Ratio Decidendi

The Court held that the applicant association had standing only insofar as it represented members who had not brought their own actions. On the merits, the Court found the Commission correctly characterized the tax exemption as State aid for the economic activities of ports, properly distinguished between economic and non-economic activities, and sufficiently motivated its findings regarding distortion of competition and effect on trade. The applicant's arguments were rejected.

Court Disposition

Action dismissed

Orders

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