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Valentina R., lawyer
(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
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)
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.
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