Judgment of the General Court of 15 September 2021 – INC and Consorzio Stabile Sis v Commission
(Case T-24/19) 1
(State aid – Italian motorways – Prolongation of concessions for the execution of works – Services of general economic interest – Cap on toll charges – Decision not to raise any objections – Article 106(2) TFEU – Actions brought by competitors of the beneficiary – Abandonment by the Member State of the plan to grant aid – Plan not capable of being implemented as approved – Annulment not procuring any advantage to the applicants – No longer any legal interest in bringing proceedings – No need to adjudicate)
Language of the case: English
Parties
Applicants: INC SpA (Turin, Italy), Consorzio Stabile Sis SCpA (Turin) (represented by: H.-G. Kamann, F. Louis and G. Tzifa, lawyers)
Defendant: European Commission (represented by: L. Haasbeek, D. Recchia and S. Noë, acting as Agents)
Re:
Application under Article 263 TFEU for the annulment of Commission Decision C(2018) 2435 final of 27 April 2018 on State aid granted for the purposes of the Italian motorways investment plan (Cases SA.49335 (2017/N) and SA.49336 (2017/N)).
Operative part of the judgment
The Court:
Declares that there is no longer any need to adjudicate on the action brought by INC SpA and by Consorzio Stabile Sis SCpA;
Orders the European Commission to bear its own costs and to pay half of the costs incurred by INC and by Consorzio Stabile Sis;
Orders INC and Consorzio Stabile Sis to bear half of their own costs.
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1 OJ C 93, 11.3.2019.