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Case T-170/16: Order of the General Court of 11 October 2017 — Guardian Glass España, Central Vidriera v Commission (Actions for annulment — State aid — Tax advantages granted by a territorial entity within a Member State — Aid scheme declared to be incompatible with the internal market — Implementation of the decision — Obligation to examine the individual situation of the recipients — Commission’s failure to adopt a position — Act not open to challenge — Inadmissibility)
ECLI:EU:UNKNOWN:62016TB0170
62016TB0170
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27.11.2017
Official Journal of the European Union
C 402/34
(Case T-170/16) (<a id="ntc1-C_2017402EN.01003401-E0001" href="#ntr1-C_2017402EN.01003401-E0001"> (<span class="super note-tag">1</span>)</a>)
((Actions for annulment - State aid - Tax advantages granted by a territorial entity within a Member State - Aid scheme declared to be incompatible with the internal market - Implementation of the decision - Obligation to examine the individual situation of the recipients - Commission’s failure to adopt a position - Act not open to challenge - Inadmissibility))
(2017/C 402/44)
Language of the case: Spanish
Parties
Applicant: Guardian Glass España, Central Vidriera, SLU (Llodio, Spain) (represented by: M. Araujo Boyd, D. Armesto Macías and A. Lamadrid de Pablo, lawyers)
Defendant: European Commission (represented by: L. Flynn, B. Stromsky and P. Němečková, acting as Agents)
Re:
Application based on Article 263 TFEU and seeking the annulment of the decision of the Commission contained in a document of 15 July 2015 entitled ‘Tax matters in the Basque Country (Álava) — Informal communication regarding additional submissions in connection to compatibility with the 1998 guidelines on national regional aid’.
Operative part of the order
1.The action is dismissed as inadmissible.
2.There is no longer any need to adjudicate on the application for leave to intervene lodged by the Kingdom of Spain.
3.Guardian Glass España, Central Vidriera, SLU is to bear its own costs and to pay those incurred by the European Commission.
4.The Kingdom of Spain is to bear its own costs relating to the application for leave to intervene.
(<a id="ntr1-C_2017402EN.01003401-E0001" href="#ntc1-C_2017402EN.01003401-E0001">(<span class="super">1</span>)</a> <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2016:243:TOC">OJ C 243, 4.7.2016</a>.)