Judgment_paragraph 52 · European Commission v Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. z o.o (C-56/18 P)

52The approach advocated by the Commission is also contrary to the position expressed in the Opinion of Advocate General Sharpston in Spain v Commission (C‑114/17 P, EU:C:2018:309), according to which a Member State’s right to be heard by the Commission in a situation such as that at issue in this case is an essential procedural requirement. The municipality of Gdynia and PLGK also agree with the view expressed in that Opinion that it is irrelevant whether the Member State concerned succeeds in specifically demonstrating that, if the Commission had not infringed that right, its decision on the State aid at issue would have been different. Such a condition would necessarily be speculative and it would be difficult to identify the level of proof and degree of accuracy required to demonstrate that the decision concerned would actually have been different.