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Case T-732/16: Judgment of the General Court of 12 March 2020 — Valencia Club de Fútbol v Commission (State aid — Aid granted by Spain to certain professional football clubs — Guarantee — Decision declaring the aid to be incompatible with the internal market — Advantage — Firm in difficulty — Private investor test — Guidelines on State aid for rescuing and restructuring firms in difficulty — Amount of the aid — Recipient of the aid — Principle of non-discrimination — Duty to state reasons)
ECLI:EU:UNKNOWN:62016TA0732
62016TA0732
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25.5.2020
Official Journal of the European Union
C 175/8
(Case T-732/16) (<span class="super note-tag">1</span>)
(State aid - Aid granted by Spain to certain professional football clubs - Guarantee - Decision declaring the aid to be incompatible with the internal market - Advantage - Firm in difficulty - Private investor test - Guidelines on State aid for rescuing and restructuring firms in difficulty - Amount of the aid - Recipient of the aid - Principle of non-discrimination - Duty to state reasons)
(2020/C 175/08)
Language of the case: Spanish
Parties
Applicant: Valencia Club de Fútbol, SAD (Valencia, Spain) (represented by: J. García-Gallardo Gil-Fournier, G. Cabrera López and D. López Rus, lawyers)
Defendant: European Commission (represented by: G. Luengo, B. Stromsky and P. Němečková, acting as Agents)
Intervener in support of the applicant: Kingdom of Spain (represented by M.J. García-Valdecasas Dorrego and M.J. Ruiz Sánchez, acting as Agents)
Re:
Action under Article 263 TFEU seeking annulment of Commission Decision (EU) 2017/365 of 4 July 2016 on the State aid SA.36387 (2013/C) (ex 2013/NN) (ex 2013/CP) implemented by Spain for Valencia Club de Fútbol, SAD, Hércules Club de Fútbol, SAD and Elche Club de Fútbol, SAD (OJ 2017 L 55, p. 12).
Operative part of the judgment
The Court:
1.Annuls Commission Decision (EU) 2017/365 of 4 July 2016 on the State aid SA.36387 (2013/C) (ex 2013/NN) (ex 2013/CP) implemented by Spain for Valencia Club de Fútbol, SAD, Hércules Club de Fútbol, SAD and Elche Club de Fútbol, SAD, in so far as it concerns Valencia Club de Fútbol, SAD;
2.Orders the European Commission to bear its own costs and to pay those incurred by Valencia Club de Fútbol, including those relating to the interlocutory proceedings before the Court;
3.Orders the Kingdom of Spain to bear its own costs.
(<span class="note">1</span>) OJ C 454, 5.12.2016.