General Court 21-03-2014 ECLI:EU:T:2014:173

Data

Court: General Court

Case date: 21 maart 2014

Verdict

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 annulmentInterest in bringing proceedingsDecision replacing the contested decision during the proceedingRefusal on the part of the applicant to amend his claims as a resultApplication devoid of purposeNo need to adjudicate (Art. 263 TFEU; Rules of Procedure of the General Court, Art. 114) (see paras 34-39)

2. Judicial proceedingsCostsNo need to adjudicateAction devoid of purpose on account of the annulment and replacement of the contested decisionDecision vitiated by an obvious error of assessment or insufficient statement of reasonsResponsibility 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.