Judgment of the Court (Grand Chamber) of 4 December 2013 – European Commission v Council of the European Union
(Case C-117/10) 1
(Action for annulment – State aid – Article 88(1) and (2) EC – Aid granted by the Republic of Poland for the purchase of agricultural land – Competence of the Council of the European Union – Existing aid scheme – Accession of the Republic of Poland to the European Union – Aid granted before accession – Appropriate measures – Two indissolubly connected aid schemes – Change of circumstances – Exceptional circumstances – Economic crisis – Manifest error of assessment – Principle of proportionality)
Language of the case: English
Parties
Applicant: European Commission (represented by: V. Di Bucci, L. Flynn, K. Walkerová and B. Stromsky, acting as Agents)
Defendant: Council of the European Union (represented by: É. Sitbon and F. Florindo Gijón, acting as Agents)
Interveners in support of the defendant: Republic of Lithuania (represented by D. Kriaučiūnas and L. Liubertaitė, acting as Agents), Hungary (represented by G. Koós, M. Fehér and K. Szíjjártó, acting as Agents), Republic of Poland (represented by M. Szpunar and B. Majczyna, acting as Agents)
Re:
Action for annulment – Annulment of Council Decision 2010/10/EC of 20 November 2009 on the granting of a State aid by the authorities of the Republic of Poland for the purchase of agricultural land between 1 January 2010 and 31 December 2013 (OJ 2010 L 4, p. 89) – Lack of competence – Misuse of powers – Infringement of the principle of sincere cooperation between Member States and institutions – Manifest error of assessment
Operative part of the judgment
The Court:
Dismisses the action.
Orders the European Commission to pay the costs.
3. Orders the Republic of Lithuania, Hungary and the Republic of Poland to bear their own costs.
____________1 OJ C 113, 1.5.2010