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Case T-257/18: Judgment of the General Court of 16 January 2020 — Iberpotash v Commission (State aid — Mining sector — Measure consisting (i) in the reduction of financial guarantees for the restoration of mining sites and (ii) in State investment for the restoration of mining sites ensuring a higher level of environmental protection — Decision declaring aid partly incompatible with the internal market and ordering its recovery — Concept of ‘aid’ — Advantage — Transfer of State resources — Selective nature — Legitimate expectations — Legal certainty — Calculation of the amount of the aid)
ECLI:EU:UNKNOWN:62018TA0257
62018TA0257
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Official Journal of the European Union
C 68/42
(Case T-257/18) (<span class="super note-tag">1</span>)
(State aid - Mining sector - Measure consisting (i) in the reduction of financial guarantees for the restoration of mining sites and (ii) in State investment for the restoration of mining sites ensuring a higher level of environmental protection - Decision declaring aid partly incompatible with the internal market and ordering its recovery - Concept of ‘aid’ - Advantage - Transfer of State resources - Selective nature - Legitimate expectations - Legal certainty - Calculation of the amount of the aid)
(2020/C 68/50)
Language of the case: English
Parties
Applicant: Iberpotash, SA (Súria, Spain) (represented by: N. Niejahr and B. Hoorelbeke, lawyers)
Defendant: European Commission (represented by: G. Luengo and D. Recchia, acting as Agents)
Re:
Action pursuant to Article 263 TFEU seeking the annulment of Commission Decision (EU) 2018/118 of 31 August 2017 on State aid SA.35818 (2016/C) (ex 2015/NN) (ex 2012/CP) implemented by Spain for Iberpotash (OJ 2018 L 28, p. 25).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Iberpotash, SA to pay the costs.
(<span class="note"> <a id="ntr1-C_2020068EN.01004201-E0001" href="#ntc1-C_2020068EN.01004201-E0001">*1</a> </span>) OJ C 221, 25.6.2018.