Official Journal of the European Union

C 340/23

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(Case C-445/22P)

(2022/C 340/30)

Language of the case: Greek

Parties

Appellant: Larko Geniki Metalleftiki kai Metallourgiki AE (represented by: N. Korogiannakis, I. Drillerakis and E. Rantos, dikigoroi)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

—set aside the judgment delivered by the General Court (Third Chamber) on 4 May 2022 in Case T-423/14 RENV, Larko Geniki Metalleftiki kai Metallourgiki AE (ECLI:EU:T:2022:268);

—refer the matter back to the General Court for reconsideration; and

—reserve the costs of the present proceedings.

Grounds of appeal and main arguments

In support of its appeal, the appellant relies on the following ground of appeal:

Ground of appeal: infringement of Article 107(1) TFEU, in that the General Court found that measure No 2 (2008 State guarantee) conferred an advantage on the appellant

According to the appellant, the General Court’s assessment that measure No 2 (2008 State guarantee) conferred an advantage on the appellant, for the purposes of Article 107(1) TFEU, is vitiated by a number of errors of law.

The appellant submits in particular that the General Court’s finding is vitiated, first, by an error of assessment of point 3.2(d) of the Guarantee Notice and, second, by an incorrect allocation of the burden of proof between the Commission and the Member State concerned, in breach of the authority devolving from the case-law of the Court of Justice.

Furthermore, the conclusion reached by the judgment under appeal rests on completely insufficient evidence which, in any event, does not predate the granting of measure No 2, in breach of the case-law of the Court in the judgment of 26 March 2020, Larko Geniki Metalleftiki kai Metallourgiki AE v Commission (C-244/18 P, EU:C:2020:238).

Lastly, the appellant submits that that conclusion is based merely on a negative assumption, which rests on the lack of information allowing the opposite conclusion to be reached, without there being any other evidence of such a nature as positively to establish the existence of such an advantage.

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