– Potential competitors – Judicial Competition Training

4 October, 2021

Judgement of the Court of Justice (Fourth Chamber) of September 02, 2021 NeXovation Inc. v Commission, in the Case C-665/19 P (ECLI:EU:C:2021:666). State aid. Obligation to state reasons. Doubts about the compatibility of one measure with the internal market. Potential competitors are Interested party. The doubts within the meaning of Article 4 of Regulation No 659/1999 about the non-discriminatory nature of a national tender process, in so far as one concurrent had received preferential treatment oblige the Commission to open the formal investigation procedure to initiate the procedure referred to in Article 108(2) TFEU and prohibits the Commission adopt a decision not to raise objections. (JIRP)

The Nürburgring complex (‘the Nürburgring’), located in the Land of Rhineland-Palatinate (Germany), consists of a motor-car race track (‘the Nürburgring race track’), a leisure park, hotels […]

4 October, 2021

Judgement of the Court of Justice (Fourth Chamber) of September 02, 2021 NeXovation Inc. v Commission, in the Case C-665/19 P (ECLI:EU:C:2021:666). State aid. Obligation to state reasons. Doubts about the compatibility of one measure with the internal market. Potential competitors are Interested party. The doubts within the meaning of Article 4 of Regulation No 659/1999 about the non-discriminatory nature of a national tender process, in so far as one concurrent had received preferential treatment oblige the Commission to open the formal investigation procedure to initiate the procedure referred to in Article 108(2) TFEU and prohibits the Commission adopt a decision not to raise objections. (JIRP)