Judgment of the General Court (Fifth Chamber) of 12 June 2014

Data

Court: General Court

Case date: 12 juni 2014

Verdict

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"

Actions for annulmentNatural or legal personsMeasures of direct and individual concern to themDecision of the Commission finding no State aidAction by a competitor challenging the decisionMarket position of the undertaking not substantially affectedInadmissibility (Arts 108(2) TFEU and 263, fourth para., TFEU) (see paras 31-37, 43-58)

Actions for annulmentNatural or legal personsMeasures of direct and individual concern to themDecision of the Commission finding no State aidAction brought by the parties concerned within the meaning of Article 108(2) TFEUIdentification of the subject-matter of the actionAction designed to safeguard the procedural rights of the persons concernedPleas concerning the assessment of the information and evidence available to the CommissionAdmissibility (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)

Judicial proceedingsIntroduction of new pleas during the proceedingsConditionsAmplification of an existing pleaLawfulness (Rules of Procedure of the General Court, Art. 48(2)) (see para. 70)

State aidExamination by the CommissionAudi alteram partemRights of participation and information of the interested partiesLimited character (Art. 108(2) TFEU) (see paras 79-84)

State aidConceptImplementation of the private investor testDiscretion of the CommissionJudicial reviewLimits (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:

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.