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Case T-462/22: Judgment of the General Court of 6 November 2024 – Millennium BCP and BCP África v Commission (Madeira Free Zone) (State aid – Madeira Free Zone – Aid scheme implemented by Portugal – Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring that scheme to be incompatible with the internal market and ordering recovery of aid paid under it – Obligation to state reasons – Concept of existing aid within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 – No derogation from the condition relating to the creation or maintenance of jobs in the Autonomous Region of Madeira – Principle of sound administration – Principle of sincere cooperation – Legitimate expectations – Legal certainty)
ECLI:EU:UNKNOWN:62022TA0462
62022TA0462
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Official Journal of the European Union
C series
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C/2025/59
(Case T-462/22)
(State aid - Madeira Free Zone - Aid scheme implemented by Portugal - Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring that scheme to be incompatible with the internal market and ordering recovery of aid paid under it - Obligation to state reasons - Concept of ‘existing aid’ within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 - No derogation from the condition relating to the creation or maintenance of jobs in the Autonomous Region of Madeira - Principle of sound administration - Principle of sincere cooperation - Legitimate expectations - Legal certainty)
(C/2025/59)
Language of the case: Portuguese
Parties
Applicants: Millennium BCP Participações, SGPS, Sociedade Unipessoal, Lda (Funchal, Portugal), BCP África, SGPS, Lda (Funchal) (represented by: B. Santiago, L. do Nascimento Ferreira, P. Gouveia e Melo, D. Oda and A. Queiroz Martins, lawyers)
Defendant: European Commission (represented by: I. Barcew and P. Caro de Sousa, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants seek annulment of Article 1 and Article 4(1) 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), in so far as they apply to sociedades gestoras de participações sociais (SGPS, holding companies).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Millennium BCP Participações, SGPS, Sociedade Unipessoal, Lda and BCP África, SGPS, Lda to pay the costs.
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Language of the case: Portuguese
ELI: http://data.europa.eu/eli/C/2025/59/oj
ISSN 1977-091X (electronic edition)
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