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Case T-253/15: Action brought on 21 May 2015 — Sociedad General de Aguas de Barcelona v Commission

ECLI:EU:UNKNOWN:62015TN0253

62015TN0253

May 21, 2015
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27.7.2015

Official Journal of the European Union

C 245/36

(Case T-253/15)

(2015/C 245/42)

Language of the case: Spanish

Parties

Applicant: Sociedad General de Aguas de Barcelona (Barcelona, Spain) (represented by: J. de Juan Casadevall, lawyer)

Defendant: European Commission

Forms of order sought

annul the contested decision;

in the alternative, if the main claim is rejected, annul the contested decision insofar as it does not limit the recovery order to indirect acquisitions made after 21 December 2007, and does not recognise the right to full application of tax concessions during the entire period provided for in Article 12.5 of the Royal Legislative Decree 4/2004 of 5 March approving the Texto Refundido de la Ley del Impuesto sobre Sociedades (the consolidated text of the Spanish Company Tax Act), and

order the European Commission to bear the costs.

Pleas in law and main arguments

The contested decision in these proceedings is the same as that in Cases T-12/15, Banco de Santander and Santusa v Commission, and T-252/15 Ferrovial SA and others v Commission.

The pleas and main arguments relied on are similar to those already raised in those cases.

It is claimed in particular that there was an error in law in the application of the selectivity criterion, that there was a misuse of powers and an infringement of the principles of equality and legitimate expectations.

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