Judgment of the General Court of 12 June 2014 — Sarc v Commission
(Case T-488/11) 1
(State aid — Software licence agreement — Decision finding no State aid — Actions for annulment — Competitive position not substantially affected — Inadmissibility — Procedural rights of the interested parties — Admissibility — Failure to initiate formal investigation procedure — No serious difficulties — Advantage)
Language of the case: English
Parties
Applicant: Scheepsbouwkundig Advies- en Rekencentrum (Sarc) BV (Bussum, Netherlands) (represented by: H. Speyart and R. Bolhaar, lawyers)
Defendant: European Commission (represented by: H. van Vliet, K. Talabér-Ritz and S. Noë, acting as Agents)
Interveners in support of the defendant : Kingdom of the Netherlands (represented initially by C. Wissels, M. Noort and B. Koopman, and subsequently by C. Wissels, M. Noort, J. Langer and M. Bulterman, acting as Agents); and Technische Universiteit Delft (Delft, Netherlands) (represented by: R. van den Tweel and P. Huurnink, lawyers).
Re:
Application for the annulment of Commission Decision C(2011) 642 final of 10 May 2011 relating to the State Aid Proceedings NN 68/2010 — Netherlands, declaring after the preliminary examination stage that the licence agreement for the use of a software source code concluded between Technische Universiteit Delft and Delftship BV does not constitute State aid
Operative part of the judgment
The Court:
Dismisses the action;
Orders Scheepsbouwkundig Advies- en Rekencentrum (Sarc) BV to bear its own costs and pay those incurred by the European Commission and by the Technische Universiteit Delft;
Orders the Kingdom of the Netherlands to bear its own costs.
________________________1 OJ C 331, 12.11.2011.