Judgment_paragraph 72 · Brussels South Charleroi Airport (BSCA) v European Commission (T-818/14)

72In that regard, it should be borne in mind that, according to settled case-law, the criterion for determining the time of granting aid is that of the legally binding act by which the competent national authority undertakes to grant the aid to its recipient (judgment of 19 May 2015, Diputación Foral de Bizkaia v Commission, T‑397/12, not published, EU:T:2015:291, paragraph 33; see also, to that effect, judgments of 14 January 2004, Fleuren Compost v Commission, T‑109/01, EU:T:2004:4, paragraphs 73 and 74, and of 30 November 2009, France and France Télécom v Commission, T‑427/04 and T‑17/05, EU:T:2009:474, paragraph 321) by an unconditional and legally binding promise (see, to that effect, judgment of 15 February 2001, Austria v Commission, C‑99/98, EU:C:2001:94, paragraph 38, and order of 5 October 2016, Diputación Foral de Bizkaia v Commission, C‑426/15 P, not published, EU:C:2016:757, paragraph 30). That criterion necessarily implies that, on the date of the granting of the aid, the recipient of the aid can be identified.

Brussels South Charleroi Airport (BSCA) v European Commission (T-818/14)

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