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Case T-722/22: Action brought on 15 November 2022 — AFG v Commission
ECLI:EU:UNKNOWN:62022TN0722
62022TN0722
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23.1.2023
EN
Official Journal of the European Union
C 24/61
(Case T-722/22)
(2023/C 24/85)
Language of the case: Portuguese
Parties
Applicant: AFG SA (Funchal, Portugal) (represented by: S. Estima Martins, F. Castro Guedes and L. Seifert Guincho, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
—annul Articles 1, 4, 5 and 6 of Commission Decision C(2020) 8550 final of 4 December 2020 on aid scheme SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal in favour of the Madeira Free Zone (MFZ) — Regime III, published in the Official Journal of the European Union, L 217 of 22 August 2022, page 49;
—order the Commission to pay the costs in their entirety.
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
First plea in law, alleging error of law in that the measure at issue does not constitute State aid, in so far as the Commission wrongly considered that that scheme constitutes a selective measure, and breach of the obligation to state reasons, enshrined in Article 296 TFEU, in respect of the analysis of the condition relating to selectivity.
Second plea in law, alleging that the Zona Franca da Madeira — Regime III aid scheme has been implemented in accordance with the Commission Decisions of 2007 and 2017 and with the rules laid down in Articles 107 and 108 TFEU.
Third plea in law, alleging infringement of the general principles of EU law, specifically the principles of legal certainty, protection of legitimate expectations, and proportionality.