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Case T-668/22: Order of the General Court of 18 October 2023 — Nagolimad 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 it to be incompatible with the internal market, and ordering the recovery of aid paid under that scheme — Obligation to state reasons — Concept of ‘existing aid’ within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 — Reasonable time — Recovery — Legitimate expectations — Legal certainty — Right to a fair hearing — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62022TB0668
62022TB0668
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Official Journal of the European Union
Series C
C/2024/424
(Case T-668/22) (<span class="oj-super oj-note-tag">1</span>)
(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 it to be incompatible with the internal market, and ordering the recovery of aid paid under that scheme - Obligation to state reasons - Concept of ‘existing aid’ within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 - Reasonable time - Recovery - Legitimate expectations - Legal certainty - Right to a fair hearing - Action manifestly lacking any foundation in law)
(C/2024/424)
Language of the case: Portuguese
Parties
Applicant: Nagolimad — Serviços Internacionais, SA (Funchal, Portugal) (represented by: M. Afonso and J. Ferreira Faria, 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 the annulment 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 order
1.The action is dismissed as manifestly lacking any foundation in law.
2.Nagolimad — Serviços Internacionais, SA shall pay the costs.
Language of the case: Portuguese
ELI: http://data.europa.eu/eli/C/2024/424/oj
ISSN 1977-091X (electronic edition)
* * *
(<span class="oj-super">1</span>) OJ C 482, 19.12.2022.
ECLI:EU:C:2025:140