Judgment_paragraph 76 · European Commission v Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo sp. z o.o (C-56/18 P)

76As regards the specific circumstances of the present case, it should be noted that, on 2 July 2013, the Commission adopted the opening decision by which it initiated the formal investigation procedure in respect of the aid measure at issue, pursuant to Article 108(2) TFEU, and invited the interested parties in this case to submit their comments. By Decision 2014/883, the Commission found that the proposed funding in question constituted State aid within the meaning of Article 107(1) TFEU and that it had to be recovered by the Polish authorities to the extent that it had been paid out. That decision was subsequently withdrawn and replaced by the decision at issue.