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Case T-131/21: Judgment of the General Court of 21 June 2023 — Região Autónoma da Madeira v Commission (State aid — Aid scheme implemented by Portugal — Madeira Free Zone — Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme — Action for annulment — Standing to bring proceedings — Admissibility — Meaning of ‘State aid’ — Existing aid within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 — Recovery — Legitimate expectations — Legal certainty — Principle of sound administration — Absolute impossibility of implementation — Limitation — Article 17 of Regulation 2015/1589)
ECLI:EU:UNKNOWN:62021TA0131
62021TA0131
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Official Journal of the European Union
C 278/18
(Case T-131/21) (*)
(State aid - Aid scheme implemented by Portugal - Madeira Free Zone - Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme - Action for annulment - Standing to bring proceedings - Admissibility - Meaning of ‘State aid’ - Existing aid within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 - Recovery - Legitimate expectations - Legal certainty - Principle of sound administration - Absolute impossibility of implementation - Limitation - Article 17 of Regulation 2015/1589)
(2023/C 278/28)
Language of the case: Portuguese
Parties
Applicant: Região Autónoma da Madeira (represented by: M. Gorjão-Henriques and A. Saavedra, lawyers)
Defendant: European Commission (represented by: I. Barcew and P. Caro de Sousa, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Articles 1 and 4 to 6 of Commission Decision (EU) 2022/1414 of 4 December 2020 on aid scheme SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal for Zona Franca da Madeira (ZFM) — Regime III (OJ 2022 L 217, p. 49).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Região Autónoma da Madeira to pay the costs.
(*)
Language of the case: Portuguese
ECLI:EU:C:2023:278
* * *
(*) Language of the case: Portuguese.