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Case C-211/20 P: Judgment of the Court (First Chamber) of 10 November 2022 — European Commission v Valencia Club de Fútbol, SAD, Kingdom of Spain (Appeal — State aid — Public guarantee granted by a public entity — Loans to three football clubs from the Community of Valencia (Valencia CF, Hércules CF and Elche CF) — Decision declaring the aid to be incompatible with the internal market — Annulment of the decision in so far as it concerns Valencia CF — Concept of ‘advantage’ — Assessment of the existence of an advantage — Guarantee Notice — Interpretation — Duty of care on the part of the European Commission — Burden of proof — Distortion)
ECLI:EU:UNKNOWN:62020CA0211
62020CA0211
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9.1.2023
Official Journal of the European Union
C 7/4
(Case C-211/20 P) (*)
(Appeal - State aid - Public guarantee granted by a public entity - Loans to three football clubs from the Community of Valencia (Valencia CF, Hércules CF and Elche CF) - Decision declaring the aid to be incompatible with the internal market - Annulment of the decision in so far as it concerns Valencia CF - Concept of ‘advantage’ - Assessment of the existence of an advantage - Guarantee Notice - Interpretation - Duty of care on the part of the European Commission - Burden of proof - Distortion)
(2023/C 7/04)
Language of the case: Spanish
Parties
Appellant: European Commission (represented by G. Luengo, P. Němečková and B. Stromsky, acting as Agents)
Other parties to the proceedings: Valencia Club de Fútbol SAD (represented by G. Cabrera López, J.R. García-Gallardo Gil-Fournier and D. López Rus, abogados), Kingdom of Spain (represented by M.J. Ruiz Sánchez, acting as Agent)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders the European Commission to bear its own costs and to pay those incurred by Valencia Club de Fútbol SAD;
3.Orders the Kingdom of Spain to bear its own costs.
(*) Language of the case: Spanish.
OJ C 262, 10.8.2020.