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Case T-901/16: Judgment of the General Court of 12 March 2020 — Elche Club de Fútbol v Commission (State aid — Aid granted by Spain in favour of certain professional football clubs — Guarantee — Decision declaring the aid incompatible with the internal market — Indirect beneficiary — Whether imputable to the State — Advantage — Private investor test)
ECLI:EU:UNKNOWN:62016TA0901
62016TA0901
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25.5.2020
Official Journal of the European Union
C 175/9
(Case T-901/16) (*)
(State aid - Aid granted by Spain in favour of certain professional football clubs - Guarantee - Decision declaring the aid incompatible with the internal market - Indirect beneficiary - Whether imputable to the State - Advantage - Private investor test)
(2020/C 175/09)
Language of the case: Spanish
Parties
Applicant: Elche Club de Fútbol, SAD (Elche, Spain) (represented by: M. Segura Catalán, M. Clayton and J. Morant Vidal, 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. García-Valdecasas Dorrego, acting as Agent)
Re:
Action pursuant to 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 Hércules Club de Fútbol, SAD;
2.Orders the European Commission to bear its own costs and to pay those incurred by Elche Club de Fútbol, including those relating to the interlocutory proceedings;
3.Orders the Kingdom of Spain to bear its own costs.
(*)
Language of the case: Spanish.
ECLI:EU:C:2020:140