Order of the General Court (Ninth Chamber) of 20 January 2021 –KC v Commission (Case T‑580/20)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62020TO0580_INF@2021-01-20/en
1. Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkOne of the conditions not satisfiedClaim for compensation dismissed in its entirety (see paras 16, 17)
2. Non-contractual liabilityConditionsUnlawfulnessSufficiently serious breach of EU lawRequirement that the institutions manifestly and seriously disregard the limits of their discretionFailure of the Commission to initiate the formal investigation procedureNo illegality capable of rendering the EU non-contractually liable (see paras 18-21, 29, 30)
3. State aidExamination by the CommissionPreliminary review and main reviewDifficulties of assessmentCommission’s duty to initiate the main review procedureSerious difficultiesDecision not taken within a reasonable time (Art. 108(2) and (3) TFEU) (see paras 23-25)
Re: Application based on Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant owing to the Commission’s failure to initiate, in a timely manner, the formal investigation procedure following the applicant’s State aid complaint (SA.46963). Operative part The Court:
1. Dismisses the action;
2. Orders KC to pay the costs.