Order of the General Court (Third Chamber) of 9 February 2018 –
Arcofin and Others v Commission
(Case T-711/14)
(Action for annulment — State aid — Aid implemented by Belgium in favour of the ARCO Group financial cooperatives — Guarantee scheme protecting the shares of natural persons who are individual members of those cooperatives — Decision declaring the aid incompatible with the internal market — Selective advantage — Measure liable to distort or threaten to distort competition and to affect trade between Member States — Measure intended to remedy a serious disturbance in the economy of a Member State — Legitimate expectations — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
1. State aid – Meaning – Grant of an advantage to the beneficiaries – Scheme to guarantee shares of recognised cooperatives operating in the financial sector – Included
(Art. 107 TFEU)
(see paras 56, 57, 59, 62, 63)
2. State aid – Meaning – Intervention having the effect of mitigating the charges of an undertaking – Guarantee scheme protecting the shares of individual members of financial cooperatives – Included
(Art. 107 TFEU)
(see paras 76, 77, 84)
3. State aid – Meaning – Selective nature of the measure – Scheme to guarantee shares of recognised cooperatives operating in the financial sector – Included
(Art. 107 TFEU)
(see paras 102-105)
4. Acts of the institutions – Statement of reasons – Obligation – Scope – Assessment of the duty to state reasons by reference to the circumstances of the case
(Art. 296 TFEU)
(see para. 113)
5. State aid – Effect on trade between Member States – Adverse effect on competition – Scheme to guarantee shares of recognised cooperatives operating in the financial sector – Criteria for assessment
(Art. 107(1) TFEU)
(see paras 124, 125)
6. State aid – Prohibition – Exceptions – Aid capable of being regarded as compatible with the internal market – Aid to remedy serious disturbance in the economy of a Member State – Discretion of the Commission – Judicial review – Limits
(Art. 107(3)(b) TFEU)
(see para. 139)
7. Freedom of establishment – Freedom to provide services – Credit institutions – Deposit guarantee schemes – Directive 94/19 – Scope – Deposit – Meaning – Shares of recognised cooperatives operating in the financial sector – Not included
(European Parliament and Council Directive 94/19, as amended by Directive 2005/1, Art. 1.1, first para.)
(see para. 145)
8. State aid – Recovery of unlawful aid – Aid granted in breach of the procedural rules of Article 108 TFEU – Legitimate expectations entertained by the recipients – Protection – Conditions and limits
(Art. 108(3) TFEU)
(see paras 165, 166)
9. Actions for annulment – Natural or legal persons – Interest in bringing proceedings – Commission decision finding aid incompatible with the internal market – Decision precluding the payment to cooperatives of sums guaranteed by a scheme protecting financial cooperatives – Action by a financial cooperative company – Inadmissibility
(Art. 263, fourth para., TFEU)
(see paras 172-174)
Re:
| Application based on Article 263 TFEU seeking annulment of Commission Decision 2014/686/EU of 3 July 2014 on State aid SA.33927 (13/C) (ex 11/NN) implemented by Belgium — Guarantee scheme protecting the shares of individual members of financial cooperatives (OJ 2014 L 284, p. 53). |
Operative part
1. | | The action is dismissed as being in part manifestly inadmissible and in part manifestly lacking any foundation in law. |
2. | | Arcofin SCRL, Arcopar SCRL and Arcoplus shall pay the costs. |
2. | | Arcofin SCRL, Arcopar SCRL and Arcoplus shall pay the costs. |