Judgment of the General Court of of 17 November 2017 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission
(Case T-263/15) 1
(State aid — Airport infrastructure — Public finance granted by the municipalities of Gdynia and Kosakowo in favour of the Gdynia-Kosakowo airport — Decision declaring the aid incompatible with the internal market and ordering its recovery — Withdrawal of a decision — Failure to re-open the formal investigation procedure — Change in the legal regime — Procedural rights of interested parties — Infringement of essential procedural requirements)
Language of the case: Polish
Parties
Applicants: Gmina Miasto Gdynia (Gdynia, Poland) (represented by: T. Koncewicz, K. Gruszecka-Spychała and M. Le Berre, lawyers), Port Lotniczy Gdynia Kosakowo sp. z o.o., (Gdynia) (represented by P. K. Rosiak, lawyer)
Defendant: European Commission (represented by: K. Herrmann and S. Noë, Agents)
Intervener in support of the applicant : Republic of Poland (represented by B. Majczyna, M. Rzotkiewicz and E. Gromnicka, Agents)
Re:
Action brought under Article 263 TFEU and seeking the annulment of Articles 2 to 5 Commission Decision (EU) 2015/1586 of 26 February 2015 on measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo Airport (OJ 2015 L 250, p. 165)
Operative part of the judgment
The Court:
Annuls Articles 2 to 5 of Commission Decision (EU) 2015/1586 of 26 February 2015 on the measure SA.35388 (13/C) (ex 13/NN and ex 12/N) — Poland — Setting up the Gdynia-Kosakowo airport;
Orders the European Commission to bear its own costs and those incurred by Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. zo.o.
Orders the Republic of Poland to bear its own costs.
____________
1 OJ C 254, 3.8.2015.