Vereniging tot Behoud van Natuurmonumenten in Nederland and Others v Vereniging Gelijkberechtiging Grondbezitters and Others (Judgment) French Text [2020] EUECJ C-817/18P (03 September 2020)

Vereniging tot Behoud van Natuurmonumenten in Nederland and Others v Vereniging Gelijkberechtiging Grondbezitters and Others (Judgment) French Text [2020] EUECJ C-817/18P (03 September 2020)

The Court held that the Tribunal did not err in law in finding that VGG and at least one of its members was an 'interested party' due to a competitive relationship with the OGTs. The Court also upheld the Tribunal's finding that the Commission encountered serious difficulties in its preliminary examination,...

Source-derived case information.

Citation
[2020] EUECJ C-817/18P
Parties
Appellant: Vereniging tot Behoud van Natuurmonumenten in Nederland and Others; Respondent: Vereniging Gelijkberechtiging Grondbezitters and Others; Defendant at First Instance: Commission européenne; Intervener: Royaume des Pays-Bas
Jurisdiction
European Union
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
State Aid Compatibility, Service of General Economic Interest (sieg), Standing of Interested Parties, Judicial Review of Commission Decisions, Procedural Rights in State Aid Cases
EU Law Competition Law State Aid State Aid Compatibility Service of General Economic Interest (sieg) Standing of Interested Parties Judicial Review of Commission Decisions Procedural Rights in State Aid Cases

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Vereniging tot Behoud van Natuurmonumenten in Nederland and Others

Appellant

Vereniging Gelijkberechtiging Grondbezitters and Others

Respondent

Commission européenne

Defendant at First Instance

Royaume des Pays-Bas

Intervener

Procedural Posture

Appeal / Judgment on Appeal

  1. 1 Whether the Tribunal erred in law in finding that VGG and others were 'interested parties' under Article 108(2) TFEU and Article 1(h) of Regulation 659/1999
  2. 2 Whether the Tribunal erred in law in finding the existence of 'serious difficulties' requiring the Commission to open a formal investigation under Article 108(2) TFEU

Ratio Decidendi

The Court held that the Tribunal did not err in law in finding that VGG and at least one of its members was an 'interested party' due to a competitive relationship with the OGTs. The Court also upheld the Tribunal's finding that the Commission encountered serious difficulties in its preliminary examination, particularly regarding the definition and necessity of secondary economic activities within the SIEG, the lack of separate accounting, and the absence of a mechanism to prevent overcompensation. These factors required the Commission to open a formal investigation, which it failed to do.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellants are ordered to pay the costs.