Judgment of the General Court of 15 November 2023 – European Gaming and Betting Association v Commission
(Case T-167/21) 1
(State aid – State measure extending gambling licences granted by the Netherlands – Decision finding no State aid – Failure to initiate the formal investigation procedure – Serious difficulties – Procedural rights of interested parties)
Language of the case: English
Parties
Applicants: European Gaming and Betting Association (Etterbeek, Belgium) (represented by: T. De Meese, K. Bourgeois and M. Van Nieuwenborgh, lawyers)
Defendants: European Commission (represented by: B. Stromsky and J. Carpi Badía, acting as Agents)
Intervener in support of the defendant: Kingdom of the Netherlands (represented by M. Bulterman, J. Langer and C. Schillemans, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2020) 8965 final of 18 December 2020 in Case SA.44830 (2016/FC) – Netherlands – Prolongation of gambling licences in the Netherlands (‘the contested decision’), referred to in the Official Journal of the European Union of 15 January 2021 (OJ 2021 C 17, p. 1).
Operative part of the judgment
The Court:
Annuls Commission Decision C(2020) 8965 final of 18 December 2020 in Case SA.44830 (2016/FC) – Netherlands – Prolongation of gambling licenses in the Netherlands;
Orders the European Commission to bear its own costs and to pay those incurred by European Gaming and Betting Association;
Orders the Kingdom of the Netherlands to bear its own costs.
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1 OJ C 206, 31.5.2021.