The European Commission takes note of today’s judgment of the General Court. In its judgement, the General Court dismissed Wizz Air’s appeal against a 2020 Commission decision raising no objections to State aid granted by Romania to Blue Air.
In its decision, the Commission approved, under EU State aid rules: (i) a measure aimed at compensating Blue Air for the damages suffered between 16 March and 30 June 2020 due to the coronavirus outbreak; and (ii) rescue aid to cover the airline’s remaining urgent liquidity needs.
In its judgment, the General Court fully upheld the Commission’s assessment and decision.
See also Curia's press release (in PDF format).

The Commission takes note of the judgment of the Court of Justice of the European Union in the Towercast case (C-449/21).
The judgment confirms that it is possible for a national competition authority to find that a concentration by a dominant undertaking constitutes an abuse of a dominant position under Article 102 the Treaty on the Functioning of the EU where that concentration has not been the subject of ex ante merger control, at either EU or national level.
See also Curia's press release (in PDF format).

The Commission takes note of the judgment of the Court of justice of the European Union upholding a 2020 judgment of the General Court. In its judgment, the General Court dismissed American Airlines’ action for annulment of a 2018 Commission decision. In its 2018 decision, the Commission awarded ‘Grandfathering rights’ (granting ownership of a slot on a permanent basis) to Delta Air Lines, pursuant to the commitments provided by American Airlines and US Airways to enable the Commission to declare their merger compatible with the internal market in 2013.
In its judgment, the Court fully upheld the Commission’s assessment and decision.

The Commission takes note of the judgments of the Court of Justice of the European Union that annul 2017 Commission decisions ordering unannounced inspections at the premises of Casino, Intermarché and their retail alliance INCAA. These unannounced inspections were carried out as part of the Commission’s ex officio investigation into possible collusion between retailers.
The Commission will carefully study the judgments and reflect on possible next steps.
See also:

• Court's judgments in Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission (C-690/20) and Casino, Guichard-Perrachon and Achats Marchandises Casino v Commission (C-693/20)
• Curia's press release (in PDF format).

The Commission takes note of the judgment of the General Court. In its judgment, the General Court upheld Campine’s claims (i) for compensation for the damage suffered as a result of the failure of the Commission to pay the default interest on the amount of the fine provisionally paid by the company and subsequently deemed undue by the General Court in 2019; and (ii) for the payment of default interest on that compensation.
We will carefully study the judgment and reflect on possible next steps.

The Commission takes note of today’s judgment of the General Court, dismissing the application for annulment of a 2021 Commission letter. In its 2021 letter, the Commission rejected a complaint submitted by an individual member of Football Club Barcelona alleging the existence of unlawful aid to the football club Paris Saint Germain (PSG).
In its judgment, the General Court confirmed the Commission’s conclusion that the complainant cannot be considered an interested party within the meaning of Regulation (EU) 2015/1589 on the application of State aid rules.

The Commission takes note of the judgment of the General Court. In its judgment, the General Court partially annulled a 2020 Commission’s State aid decision. In its decision, the Commission concluded that some investment projects at Timisoara Airport (publicly financed from 2007 – 2009) did not constitute State aid and that other investment projects were compatible with the internal market. This was not challenged by the action for annulment brought by Carpatair. In its decision, the Commission also concluded that the 2007, 2008 and 2010 schemes of airport charges, including their discounts and rebates, were not selective and therefore did not constitute State aid. Finally, the Commission found that the 2008 Agreements (including the 2010 Amendment Agreements) signed between the Airport Manager and Wizz Air were concluded under normal market conditions and therefore did not constitute State aid.
In its judgment, the General Court annulled the 2020 decision with regard to the Commission’s assessment of the 2010 scheme of airport charges, including their discounts and rebates, as well as the 2008 Agreements with Wizz Air (including 2010 Amendment Agreements).
We will carefully study the judgment and reflect on possible next steps.
See also Curia's press release (in PDF format).

The Commission takes note of the judgment of the Court of Justice of the European Union, partially annulling a 2020 judgment of the General Court and a 2013 Commission decision. In its 2013 decision, the Commission concluded that a Spanish scheme for the purchase of ships involving leasing and financing through tax relief to be partly incompatible with EU State aid rules. The Commission found that scheme conferred a selective advantage on economic interest groupings and their investors over their competitors. The Commission therefore ordered Spain to recover the aid.
In its judgment, the Court of Justice upholds the Commission’s finding that the Spanish scheme is selective and constitutes State aid. Nevertheless, the Court finds that the Commission erred in ordering recovery solely from the economic interest grouping and their investors.
The Commission will carefully assess the judgment and reflect on possible next steps.
See also Curia's press release (in PDF format).

The Commission takes note of the judgment of the Court of Justice setting aside a 2021 judgment of the General Court.
In its judgment, the Court of Justice found that the bondholders of the Italian bank Monte dei Paschi di Siena (‘MPS’) were not “interested parties” within the meaning of the State aid Procedural Regulation (i.e. they were not affected by the granting of the aid) and had therefore no standing to challenge the 2017 Commission’s decision. In its 2017 decision, the Commission had approved Italy's plan to support a precautionary recapitalisation of MPS under EU State aid rules, on the basis of an effective restructuring plan.

The Commission takes note of today’s judgment of the General Court. In its judgment, the General Court dismissed GEA’s appeal against a 2016 Commission decision amending a previous one adopted in 2009. In its 2009 decision, the Commission imposed a fine of €3.3 million on GEA for participating in a cartel in the heat stabilisers sector. In 2016, the Commission adopted an amending decision maintaining GEA’s fine but reducing the fine imposed on another addressee, in application of the legal fine ceiling.
The General Court confirmed that the Commission did not infringe procedural rules or GEA's rights of defence in adopting the 2016 amending decision. It also upheld the method of calculation of the fine applied by the Commission.

The Commission takes note of the judgment of the General Court upholding a 2021 State aid decision.
In the decision, the Commission concluded that the public service compensation granted since 2009 to Siremar and later to its acquirer Società di Navigazione Siciliana for the operation of ferry services in Italy is in line with EU State aid rules. However, the Commission found that the exemptions from certain taxes, which were granted to Siremar and Società di Navigazione Siciliana in the context of the privatisation of Siremar, constituted aid incompatible with the internal market. The Commission therefore ordered Italy to recover the aid.
In its judgment, the General Court fully upheld the Commission’s assessment.

The Commission takes note of the preliminary ruling by the Court of Justice clarifying the interpretation of Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits the abuse of a dominant market position.
The Commission will carefully study the judgment.
See also Curia's press release (in PDF format).

The Commission takes note of today’s preliminary ruling of the Court of Justice of the European Union concerning the interpretation of Article 107 of the Treaty on the Functioning of the European Union in relation to provisions of Latvian law on the purchase of electricity from companies producing electricity from renewable energy sources. < /br>The Commission will carefully study the judgment.
See also the Court's press release (in PDF format).

The Commission takes note of the judgment of the Court of Justice of the European Union rejecting the appeal against a 2021 judgment of the General Court. In its judgment, the General Court dismissed the action for annulment brought by the complainant (Mr Jouvin) against a 2020 Commission decision. In its decision, the Commission had rejected Mr Jouvin’s complaint alleging an infringement of antitrust rules.
In its judgment, the Court confirmed that the Commission was fully justified in rejecting the complaint because of the lack of sufficient EU interest.

The Commission takes note of the judgment of the Court of Justice of the European Union upholding a 2017 Commission’s antitrust decision. In its decision, the Commission fined Lithuanian Railways (Lietuvos geležinkeliai) for hindering competition on the rail freight market, in breach of EU antitrust rules, by removing a rail track connecting Lithuania and Latvia.
In its judgment, the Court fully upheld the Commission’s assessment by confirming that such behaviour hindered competition on the rail freight market and is in breach of Article 102 of the Treaty on the Functioning of the European Union (TFEU), which prohibits the abuse of a dominant market position.
See also the Court's press release (in PDF format).

The Commission takes note of the judgment of the Court of Justice of the European Union on the preliminary reference by the Supreme Court of the Czech Republic of December 2020 in relation to the private damages action against the state-owned railway company České dráhy (“Czech Railway”) for an alleged abuse of a dominant position (predatory pricing) and the related application for disclosure of evidence by Regiojet.
The judgment further clarifies the interplay between the public and private enforcement of competition law and provides additional guidance on a number of specific questions relating to the rules on the disclosure of evidence under Directive 2014/104 (the “Damages Directive”).
Specifically with regard to the interplay between the public and private enforcement of competition law, the Court of Justice holds that the Damages Directive does not preclude a national court from ordering the disclosure of evidence in relation to a private damages action which has been stayed due to an ongoing investigation by the Commission into the same infringement.
See also the Court's press release (in PDF format).

The Commission takes note of the judgment of the Court of Justice in the Euribor cartel case.
The Court of Justice confirms that HSBC participated in a cartel and upholds that the benchmark manipulations and exchanges between traders on mid prices were anticompetitive. It also confirms that the Commission can conduct so-called staggered hybrid procedures, in which the Commission settles its case with some undertakings even before finalising its investigation against other undertakings that chose not to settle, as long as it duly respects the rights of the parties involved.
The fine, which the Commission re-adopted in 2021 following the annulment of its initial 2016 decision by the General Court for insufficient motivation, is subject to a separate action for annulment that is still pending before the General Court.
See also the Court's press release (in PDF format).

The Commission takes note of today's judgment of the General Court, dismissing an action for failure to act against the European Commission.
The General Court confirmed that the Commission was not under an obligation to act, as the Commission had already decided in August 2016 on the compatibility of the Bulgarian renewable energy support scheme with EU State aid rules.

T-306/21

The Commission takes note of today's judgment by the General Court, which annuls two 2020 Commission decisions. In its decisions, the Commission approved the prolongation of Swedish tax exemption measures for non food-based biogas and bio propane used for heating or as motor fuel in Sweden.
The Commission will carefully study the judgment and reflect on possible next steps.