Judgment of the Court (Fourth Chamber) of 2 September 2021 — NeXovation Inc. v European Commission

(Case C-665/19 P) (1)

(Appeal - State aid - Aid in favour of the Nürburgring complex (Germany) - Decision declaring the aid partly incompatible with the internal market - Sale of the assets of the beneficiaries of the State aid found to be incompatible - Open, transparent, non-discriminatory and unconditional tender process - Decision declaring that the reimbursement of incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex - Admissibility - Status as an interested party - Person individually concerned - Infringement of the procedural rights of the interested parties - Difficulties requiring the initiation of a formal investigation procedure - Justification)

(2021/C 431/17)

Language of the case: English

Parties

Appellant: NeXovation Inc. (represented: initially by A. von Bergwelt, M. Nordmann and L. Hettstedt, and subsequently by A. von Bergwelt and M. Nordmann, Rechtsanwälte)

Other party to the proceedings: European Commission (represented by: L. Flynn, T. Maxian Rusche and B. Stromsky, acting as Agents)

Operative part of the judgment

The Court:

1.

Sets aside the judgment of the General Court of the European Union of 19 June 2019, NeXovation v Commission (T-353/15, EU:T:2019:434), in so far as, by that judgment, the General Court of the European Union dismissed the action for annulment of the last indent of Article 1 of Commission Decision (EU) 2016/151 of 1 October 2014 on State aid SA.31550 (2012/C) (ex 2012/NN) implemented by Germany for Nürburgring;

2.	Dismisses the appeal as to the remainder;

3.	Annuls the last indent of Article 1 of Commission Decision (EU) 2016/151 of 1 October 2014 on the State aid SA.31550 (2012/C) (ex 2012/NN) implemented by Germany for Nürburgring;

4.	Orders NeXovation Inc. and the European Commission to bear their own costs.

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(1)  OJ C 372, 4.11.2019.