Order of the General Court of 1 September 2021 — Be Smart v Commission

(Case T-18/21) (1)

(State aid - Complaint - Action for failure to act - Commission’s adoption of a position after the action was brought and which put an end to the failure to act - No need to adjudicate)

(2021/C 431/45)

Language of the case: Italian

Parties

Applicant: Be Smart Srl (Rome, Italy) (represented by: F. Satta, G. Roberti, A. Romano and I. Perego, lawyers)

Defendant: European Commission (represented by: K. Blanck and F. Tomat, acting as Agents)

Re:

Application under Article 265 TFEU seeking a declaration that the Commission acted unlawfully by failing to define its position on the complaint made by the applicant on 15 October 2014 concerning alleged State aid measures granted by the Italian Republic to the interuniversity consortium Cineca.

Operative part of the order

1.	There is no longer any need to adjudicate on the action.

2.	The European Commission shall bear its own costs and pay those incurred by Be Smart Srl.

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(1)  OJ C 79, 8.3.2021.