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Judgment of the General Court (First Chamber) of 28 November 2017

Judgment of the General Court (First Chamber) of 28 November 2017

Data

Court
General Court
Case date
28 november 2017

Verdict

Judgment of the General Court (First Chamber) of 28 November 2017 — Steel Invest & Finance (Luxembourg) v Commission

(Case T‑254/16)

"(State aid - Iron and steel industry - Aid granted by Belgium in favour of several undertakings in the iron and steel industry - Decision declaring the aid incompatible with the internal market and ordering its recovery - Obligation to state reasons - Concept of State aid - Advantage - Private investor test)"

Acts of the institutionsStatement of reasonsObligationScopeCommission decision on State aid

(Art. 296 TFEU)

(see paras 31-48)

State aidMeaningAssessment according to the criterion of the private investorComplex evaluation of economic mattersDiscretion of the CommissionJudicial reviewLimits

(Art. 107(1) TFEU)

(see paras 58-66)

Re:

APPLICATION pursuant to Article 263 TFEU and seeking partial annulment of Commission Decision (EU) 2016/2041 of 20 January 2016 on State aid SA.33926 2013/C (ex 2013/NN, 2011/CP) granted by Belgium to Duferco (OJ 2016 L 314, p. 22).

Operative part

The Court:

Dismisses the action;

Orders Steel Invest & Finance (Luxembourg) SA to bear its own costs;

Orders the European Commission to bear its own costs.