Case T- 121/15 Fortischem v Commission [Archived]
Case T- 121/15 Fortischem v Commission [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case T- 121/15 Fortischem v Commission [Archived]
  • Case facts
  • Timeline
  • Relevant/related cases

CASE HUB

NOTE—appeal lodged before the Court of Justice in Case C- 890/19 P

ARCHIVED—this archived case hub reflects the position at the date of the judgment of 24 September 2019; it is no longer maintained.

See further: timeline and relevant/related cases.

Case facts

Outline An action for annulment of the Commission decision of 15 October 2014 which found, amongst other things, that a Slovakian chemical company (NCHZ) benefitted from unlawful State aid during its bankruptcy procedure (Case SA.33797).

Latest developments On 24 September 2019, the General Court issued its judgment in which it dismissed the action and upheld the Commission’s 2014 decision. In particular, the General Court dismissed Fortischem’s argument that its predecessor company NCHZ had not received anything more because it was deemed a strategic company than if the usual insolvency rules had been applied and that the Commission was correct to find the Fortischem was the economic successor of NCHZ and therefore responsible for repaying the unlawful aid.

Parties Applicants:
• Fortischem a.s. (Fortischem)
Defendant:
• European Commission

Background Background

On 22 July 2009, the Commission fined Novácké