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Case T-328/18: Judgment of the General Court of 8 September 2021 — Naturgy Energy Group v Commission (State aid — Environmental incentive adopted by Spain in favour of coal-fired power plants — Decision to initiate the procedure laid down by Article 108(2) TFEU — Obligation to state reasons — Manifest error of assessment — Selective nature)

ECLI:EU:UNKNOWN:62018TA0328

62018TA0328

September 8, 2021
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Official Journal of the European Union

C 422/10

(Case T-328/18) (*)

(State aid - Environmental incentive adopted by Spain in favour of coal-fired power plants - Decision to initiate the procedure laid down by Article 108(2) TFEU - Obligation to state reasons - Manifest error of assessment - Selective nature)

(2021/C 422/13)

Language of the case: Spanish

Parties

Applicant: Naturgy Energy Group, SA, formerly Gas Natural SDG, SA (Madrid, Spain) (represented by: F. González Díaz and J. Blanco Carol, lawyers)

Defendant: European Commission (represented by: P. Němečková and D. Recchia, acting as Agents)

Interveners in support of the applicant: EDP España, SA (Oviedo, Spain) (represented by: J. Buendía Sierra and A. Lamadrid de Pablo, lawyers), Viesgo Producción, SL, successor in title to Viesgo Generación, SL (Santander, Spain) (represented by: F. Plasencia Sánchez, L. Ques Mena and L. de Pedro Martín, lawyers)

Re:

APPLICATION under Article 263 TFEU for annulment of Commission Decision C(2017) 7733 final of 27 November 2017, concerning State Aid SA.47912 (2017/NN) — Environmental incentive adopted by Spain in favour of coal-fired power plants, initiating the formal investigation procedure laid down by Article 108(2) TFEU.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Naturgy Energy Group, SA to bear its own costs and to pay those incurred by the European Commission;

3.Orders Viesgo Producción, SL and EDP España, SA to bear their own costs.

(*)

Language of the case: Spanish.

ECLI:EU:C:2021:140

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