Order of the General Court (Second Chamber) of 21 March 2014 — Frucona Košice v Commission
(Case T‑11/07 RENV)
State aid — Spirit and spirit-based beverages — Cancellation of a tax debt in a collective bankruptcy procedure — Decision declaring the aid incompatible with the internal market and ordering its recovery — No longer any legal interest in bringing proceedings — Decision repealing and replacing the contested decision — No need to adjudicate
1. Actions for annulment — Interest in bringing proceedings — Decision replacing the contested decision during the proceeding — Refusal on the part of the applicant to amend his claims as a result — Application devoid of purpose — No need to adjudicate (Art. 263 TFEU; Rules of Procedure of the General Court, Art. 114) (see paras 34-39)
2. Judicial proceedings — Costs — No need to adjudicate — Action devoid of purpose on account of the annulment and replacement of the contested decision — Decision vitiated by an obvious error of assessment or insufficient statement of reasons — Responsibility of the defendant institution (Rules of Procedure of the General Court, Art. 87(6)) (see paras 41, 43-46)
Re:
| APPLICATION for annulment of Commission Decision 2007/254/EC of 7 June 2006 on State aid C 25/05 (ex NN 21/05) implemented by the Slovak Republic for Fruncona Košice a.s. (OJ 2007 L 112, p. 14). |
Operative part
1. | | There is no need to adjudicate on the action. |
2. | | The European Commission is ordered to bear its own costs and pay those incurred by Frucona Košice a.s. |
3. | | St. Nicolaus — trade a.s. is ordered to bear its own costs. |