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CJEU Case C-56/18 P / Opinion

European Commission v Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. z o.o.

Policy area:
Economic and monetary affairs
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:

Key facts of the case:

Appeal — State aid — Article 108(2) TFEU — Investment aid — Operating aid — Airport infrastructure — Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport — Decision of the European Commission — Aid incompatible with the internal market — Order for recovery of the aid — Annulment by the General Court of the European Union — Essential procedural requirement — Procedural rights of the interested parties.

Outcome of the case:

For these reasons, I propose that the Court should:

(i) annul the judgment of 17 November 2017 in Case T‑263/15, Gmina Miasto Gdynia and Port Lotniczy Gdynia-Kosakowo v Commission;

(ii) dismiss the third claim of the sixth plea in law at first instance as unfounded and, in any event, ineffective;

(iii) refer the case back to the General Court to examine the five other pleas in law; and (iv) reserve the costs.