December 02
2021
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Dolores Utrilla
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28th January 2020
Competition & State Aid

Action brought before the General Court against the authorisation of State aid Decision

Yesterday, an action brought before the General Court by the Coopérative des artisans pêcheurs associés (CAPA) and other ten applicants against the European Commission (T-777/19) was published in the Official Journal. The action seeks the annulment of Commission Decision C(2019)5498 final of 26 July 2019, which is a decision not to raise objections to French’s proposed State aid for floating wind farms.

The applicants base their action on the alleged infringement of the obligation to state reasons, as well as of the parties’ procedural rights under Article 108(2) of the Treaty on the Functioning of the European Union. According to the applicants, the circumstances in which the contested decision was adopted and the content thereof demonstrate that the Commission was objectively faced with doubts that should have resulted in the formal investigation procedure being opened.

Access the Official Journal here.

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