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Overview   Court case
T-492/15 - Deutsche Lufthansa / Commission

The Commission welcomes General Courts judgement, which found an appeal lodged by Lufthansa against a Commission State aid decision of 2014 concerning the German regional airport of Frankfurt-Hahn to be inadmissible. In its 2014 decision, the Commission had found that measures regarding the financing of the Frankfurt-Hahn airport and agreements concluded between the airport and Ryanair between 1999 and 2006 were either in line with State aid rules or did not constitute State aid.

The Court found that Lufthansa failed to show how the 2014 State aid decision had impacted it and, on this basis, dismissed the appeal.

 
T-388/11 - Deutsche Post vs. Commission

The Commission takes note of today’s judgment by the General Court, which annulled the Commission Decision of 10 May 2011. In its 2011 decision, the Commission had extended a formal investigation under EU state aid rules into the compensation by Germany of the universal service obligations of Deutsche Post.
The Commission will carefully study today’s judgment and reflect on next steps.

 
T-371/17 Qualcomm and Qualcomm Europe v Commission

The Commission welcomes the General Court's judgment which fully upholds the Commission’s 2017 Decision ordering Qualcomm to supply information in the context of an on-going investigation into suspected anti-competitive practices.
The judgment confirms that the Commission has complied with its procedural obligations to examine carefully and impartially all the relevant aspects of the case.

 
Preliminary ruling in C-617/17 Powszechny Zakład Ubezpieczeń na Życie

The Commission welcomes the judgment of the Court of Justice of the European Union in Powszechny Zakład Ubezpieczeń na Życie, which clarifies that the principle of ne bis in idem does not come into play when national competition authorities impose fines for the same conduct on the basis of national competition law and EU competition law in parallel in the same proceedings.

 
C-637/17 - Cogeco Communications - Preliminary Ruling

The Commission welcomes the Court of Justice’s judgment in Cogeco, which clarifies a number of important aspects of the right to compensation for damages suffered because of an infringement of EU competition law before the transposition of the Damages Directive.

 
T-433/16 - Pometon vs. European Commission

The Commission takes note of the ruling of the General Court and the fine reduction decided by the General Court. The judgment fully confirms the Commission findings on Pometon’s participation in the steel abrasives cartel.

 
C-405/16 P - Germany v Commission

The Commission takes note of the judgment by the European Court of Justice, which sets aside the judgment by the General Court of May 2016 and annuls the Commission decision of November 2014. In its 2014 decision, the Commission found that German law on renewable energy of 2012 (the EEG 2012) involved State aid, while approving it in almost its entirety under EU State aid rules. The Commission will carefully assess the judgment. The current version of the EEG is based on different financing than the EEG 2012. Whether the ruling has any impact on the State aid assessment of the current version of the EEG requires further assessment. With respect to the annulled decision on EEG 2012, the recovery orders have lost their legal basis.

 
Case C-312/18 P - Eco-Bat Technologies and Others v Commission

The Commission welcomes the European Court of Justice’s judgment confirming the General Court’s order dismissing the appeal by Eco-Bat Technologies against the Commission’s decision in the car battery recycling sector (Case T-361/17). The judgment also confirms the General Court’s ruling regarding the period for bringing an action against a Commission decision.

 
Case T-766/16 – Hercules CF vs. European Commission

The General Court annulled the Commission decision – as far as it concerns that club. It considers that the Commission should have better motivated its assessment of a counter-guarantee offered to the club by a private party. The Commission takes note of today’s judgment by the General Court, it will analyze it and reflect on the consequences.

 
Hercules CF vs. European Commission

The Commission takes note of the judgment by the General Court, which annulled the Commission’s 2016 decision finding that a State guarantee granted to Spanish football club Hercules did not respect market terms and thus constituted incompatible State aid. The Court annulled the Commission decision on procedural grounds. In particular, the Court found that the Commission should have better motivated its assessment of a counter-guarantee offered to the football club by a private party. The Commission will carefully study the judgment and reflect on possible next steps.

 
Cases T-98,196,198/16 - Italy vs. European Commission

The Commission takes note of the judgment by the General Court, which annulled the Commission decision of 23 December 2015 concerning measures in favour of Banca Tercas. The Commission will carefully study the judgment and reflect on possible next steps.

 
Case C-724/17 - Skanska Industrial Solutions and Others

The Commission welcomes the Court of Justice’s judgment that confirms that the EU concept of undertakings, as we know it from public enforcement, also applies in the context of private enforcement. This will help victims of infringements of EU competition law to effectively seek compensation for the harm they suffered, even in cases in which the company that committed the infringement has gone bankrupt and the assets acquired by another company.