The Court of Justice of the European Union (“ECJ”) dismissed an appeal brought by Hellenic Shipyards (Ellinika Nafpigia AE) against the judgment of the General Court (“GC”), which upheld the Commission’s decision declaring aid granted by the Greek authorities to Hellenic Shipyards in relation to amendments to an investment plan concerning the restructuring of the shipyard incompatible with the common market. Hellenic Shipyards argued that the GC erred in law in holding that the aid had benefited the production of civil material, which falls to be considered under Articles 107 and 108 of the TFEU. However, the ECJ found the GC had not erred in its assessment of whether certain measures constituted support to military activities, which falls outside the scope of EU state aid rules, or to civil activities, which is assessed under the state aid rules. Accordingly, the ECJ held that the GC acted correctly in concluding that only aid measures covering military activity must be assessed under the special procedure. Therefore, the ECJ dismissed Hellenic Shipyard’s appeal in its entirety and thus confirmed the validity of the Commission’s decision. Source: Case C-246/12 P - Ellinika Nafpigia AE v European Commission