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Case T-775/17: Order of the General Court of 24 September 2018 — Estampaciones Rubí v Commission (Action for annulment and for failure to act — State aid — 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:62017TB0775
62017TB0775
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26.11.2018
Official Journal of the European Union
C 427/75
(Case T-775/17) (<span class="super note-tag">1</span>)
(Action for annulment and for failure to act - State aid - 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)
(2018/C 427/101)
Language of the case: Spanish
Parties
Applicant: Estampaciones Rubí, SAU (Vitoria-Gasteiz, Spain) (represented by: D. Armesto Macías and K. Caminos García, lawyers)
Defendant: European Commission (represented by: B. Stromsky and P. Němečková, acting as Agents)
Re:
Principally, application on the basis of Article 263 TFEU seeking the annulment of the decisions of the Commission contained in the documents of 4 December 2012 and 26 March 2013, entitled ‘Basque tax disputes — Proceedings for failure to fulfil obligations 2007/2215 — Informal message in response to the letter of 7 November (Álava)’ and ‘Basque tax disputes — Proceedings for failure to fulfil obligations 2007/2215 (Álava) — Informal message in response to the letters sent on 22 February and 4 and 12 March 2013 (Álava)’ and, in the alternative, application on the basis of Article 265 TFEU seeking a finding that the Commission unlawfully failed to respond to the applicant’s request set out in its letter of 28 July 2017.
Operative part of the order
1.The action is dismissed in its entirety as inadmissible.
2.Estampaciones Rubí, SAU shall bear its own costs and shall pay the costs incurred by the European Commission.
(<span class="note"> <a id="ntr1-C_2018427EN.01007501-E0001" href="#ntc1-C_2018427EN.01007501-E0001">*1</a> </span>) OJ C 32, 29.1.2018.