27.7.2015

EN

Official Journal of the European Union

C 245/39

(Case T-258/15)

(2015/C 245/46)

Language of the case: Spanish

Parties

Applicant: Axa Mediterranean Holding, S.A (Palma de Mallorca, Spain) (represented by: J. Buendía Sierra, D. Armesto Macías and A. Balcells Cartagena, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—annul Article 1 of the contested decision in so far as it declares that the new administrative interpretation of Article 12 TRLIS adopted by the Spanish administration must be regarded as state aid which is incompatible with the interior market;

—annul Article 4(1) of the contested decision in so far as it requires the Kingdom of Spain to put an end to the alleged aid scheme as described in Article 1;

—annul Article 4(2)(3)(4) and (5) of the contested decision in so far as it requires the Kingdom of Spain to recover the amounts considered by the Commission to be State aid;

—in the alternative, limit the scope of the recovery obligation imposed on the Kingdom of Spain by Article 4(2) of the contested decision in the same terms as in the first and second decisions; and

—order the Commission to pay the costs.

Pleas in law and main arguments

The contested decision in the present proceedings is the same as in cases T-12/15, Banco de Santander and Santusa v Commission and T-252/15 Ferrovial SA and Others v Commission.

The pleas in law and the main arguments put forward are similar to those relied on in those cases.