Judgment of the General Court (Fifth Chamber) of 12 June 2014 — Sarc v Commission
(Case T‑488/11)
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
1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Decision of the Commission finding no State aid — Action by a competitor challenging the decision — Market position of the undertaking not substantially affected — Inadmissibility (Arts 108(2) TFEU and 263, fourth para., TFEU) (see paras 31-37, 43-58)
2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Decision of the Commission finding no State aid — Action brought by the parties concerned within the meaning of Article 108(2) TFEU — Identification of the subject-matter of the action — Action designed to safeguard the procedural rights of the persons concerned — Pleas concerning the assessment of the information and evidence available to the Commission — Admissibility (Arts 108(2) TFEU and 263, fourth para., TFEU; Rules of Procedure of the General Court, Art. 44(1)(c); Council Regulation No 659/1999, Arts 1(h), and 4(2)) (see paras 38, 63-65, 73)
3. Judicial proceedings — Introduction of new pleas during the proceedings — Conditions — Amplification of an existing plea — Lawfulness (Rules of Procedure of the General Court, Art. 48(2)) (see para. 70)
4. State aid — Examination by the Commission — Audi alteram partem — Rights of participation and information of the interested parties — Limited character (Art. 108(2) TFEU) (see paras 79-84)
5. State aid — Concept — Implementation of the private investor test — Discretion of the Commission — Judicial review — Limits (Art. 107(1) TFEU) (see paras 90-93)
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
The Court:
2. | | 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; |
3. | | Orders the Kingdom of the Netherlands to bear its own costs. |