Judgment of the General Court of 13 December 2018 — AlzChem v Commission
(Case T-284/15) 1
(State aid — Chemical industry — Decision to continue the operation of an undertaking during insolvency proceedings — Decision finding no State aid — Action for annulment — Individual concern — Admissibility — Concept of State aid — Advantage — Private creditor test — Whether attributable to the State — Duty to state reasons)
Language of the case: English
Parties
Applicant: AlzChem AG (Trostberg, Germany) (represented by: initially P. Alexiadis, Solicitor, A. Borsos and I. Georgiopoulos, lawyers, and subsequently P. Alexiadis, A. Borsos, E. Kazili, P. Oravec et K. Csach, lawyers)
Defendant: European Commission (represented by: G. Conte and L. Armati, acting as Agents)
Interveners in support of the defendant: Slovak Republic (represented by: B. Ricziová, acting as Agent); and Fortischem a.s. (Nováky, Slovakia) (represented by: C. Arhold, P. Hodál and M. Staroň, lawyers)
Re:
Application pursuant to Article 263 TFEU seeking the annulment of Article 2 of Commission Decision (EU) 2015/1826 of 15 October 2014 on State aid SA.33797 — (2013/C) (ex 2013/NN) (ex 2011/CP) implemented by Slovakia for NCHZ (OJ 2015 L 269, p. 71).
Operative part of the judgment
The Court:
Annuls Article 2 of Commission Decision (EU) 2015/1826 of 15 October 2014 on State aid SA.33797 (2013/C) (ex 2013/NN) (ex 2011/CP) implemented by Slovakia for NCHZ;
Orders the European Commission to bear its own costs and to pay those of AlzChem AG;
Orders the Slovak Republic and Fortischem a.s. to bear their own costs.
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1 OJ C 302, 14.9.2015.