EN

Official Journal of the European Union

C 63/56

(Case T-725/22)

(2023/C 63/74)

Language of the case: Portuguese

Parties

Applicant: Register.com LP — Sucursal em Portugal (Zona Franca da Madeira) (Funchal, Portugal) (represented by: G. Leite de Campos and M. Clemente, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—annul Articles 1 to 3, Article 4(1) to (3) and the second part of (4), and Articles 5 and 6 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, (1) and, in the alternative

—order the Commission to pay the costs of the present proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

First plea in law, alleging infringement of Article 108(2) TFEU and Articles 21 to 23 of Council Regulation (EU) 2015/1589 of 13 July 2015.

Second plea in law, alleging an irreconcilable contradiction between the contested decision and the reasons on which it is based.

Third plea in law, alleging breach of the principle of conferral of powers, enshrined in Article 5 TFEU.

Fourth plea in law, alleging infringement of Article 107 TFEU, in that some of the cases included in the decision do not involve State aid and the Portuguese State has been unjustly enriched, in breach of the principle that the wrongdoer (the Portuguese State) should not benefit from the infringement.

Fifth plea in law, alleging infringement of Article 26 TFEU as regards the promotion of the internal market.

(1) OJ 2022 L 217, p. 49.