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Case T-95/21: Judgment of the General Court of 21 September 2022 — Portugal v Commission (Madeira Free Zone) (State aid — Madeira Free Zone — Aid scheme implemented by Portugal — Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market, and ordering the recovery of aid paid under that scheme — Concept of State aid — Existing aid within the meaning of Article 1(b)(i) and (ii) of Regulation (EU) 2015/1589 — Recovery — Legitimate expectations — Legal certainty — Principle of sound administration — Absolute impossibility of implementation — Limitation — Article 17 of Regulation 2015/1589)
ECLI:EU:UNKNOWN:62021TA0095
62021TA0095
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31.10.2022
Official Journal of the European Union
C 418/22
(Case T-95/21) (*)
(State aid - Madeira Free Zone - Aid scheme implemented by Portugal - Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market, and ordering the recovery of aid paid under that scheme - Concept of State aid - Existing aid within the meaning of Article 1(b)(i) and (ii) of Regulation (EU) 2015/1589 - Recovery - Legitimate expectations - Legal certainty - Principle of sound administration - Absolute impossibility of implementation - Limitation - Article 17 of Regulation 2015/1589)
(2022/C 418/28)
Language of the case: Portuguese
Parties
Applicant: Portuguese Republic (represented by: P. Barros da Costa, A. Soares de Freitas and L. Borrego, acting as Agents, and by M. Gorjão-Henriques and A. Saavedra, lawyers)
Defendant: European Commission (represented by: I. Barcew and G. Braga da Cruz, acting as Agents)
Re:
By its action under Article 263 TFEU, the Portuguese Republic seeks the annulment of Articles 1, 4, 5 and 6 of Decision C(2020) 8550 final of the European Commission of 4 December 2020 on aid scheme SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal in favour of the Madeira Free Zone (MFZ) — Regime III.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Portuguese Republic to pay the costs, including those relating to the proceedings for interim relief.
(*)
Language of the case: Portuguese.
* * *
(1) OJ C 138, 19.4.2021.