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Order of the General Court (First Chamber) of 13 April 2010. # Territorio Histórico de Álava - Diputación Foral de Álava and Others v European Commission. # Application for annulment - State aid - Tax advantages - Recovery of State aid declared unlawful - Application of compound interest scheme - Confirmatory act - Inadmissibility. # Joined cases T-529/08 to T-531/08.
ECLI:EU:T:2010:139
62008TO0529
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(Joined Cases T-529/08 to T-531/08)
Application for annulment – State aid – Tax advantages – Recovery of State aid declared unlawful – Application of compound interest scheme – Confirmatory act – Inadmissibility
Actions for annulment – Action against a decision confirming an earlier decision not challenged within the time-limits – Inadmissibility – Meaning of confirmatory decision – Decision adopted following a re-examination of the earlier decision and on the basis of new factors – Not included (Art. 230 EC) (see paras 28-30)
Re:
APPLICATION for annulment of the Commission’s letter of 2 October 2008, informing the applicants that it was necessary to apply compound interest in the context of the recovery of State aid declared unlawful by Commission Decisions 2002/820/EC, 2002/894/EC and 2003/27/EC of 11 July 2001 on the State aid scheme implemented by Spain for firms in respectively Álava, Guipúzcoa and Vizcaya in the form of a tax credit amounting to 45% of investments (respectively, OJ 2002 L 296, p. 1, OJ 2002 L 314, p. 26, and OJ 2003 L 17, p. 1), and Commission Decisions 2002/892/EC, 2002/540/EC and 2002/806/EC of 11 July 2001 on the State aid scheme applied by Spain to certain newly established firms in respectively Álava, Guipúzcoa and Vizcaya (respectively, OJ 2002 L 314, p. 1, OJ 2002 L 174, p. 31 and OJ 2002 L 279, p. 35), which were upheld by the judgments of the General Court in Joined Cases T-227/01 to T-229/01, T-265/01, T-266/01 and T‑270/01 Diputación Foral de Álava and Others v Commission [2009] ECR II-3029; and judgment of 9 September 2009 in Joined Cases T‑230/01 and T-267/01 to T-269/01 Diputación Foral de Álava and Others v Commission, not published in the ECR.
Operative part
1.The actions are dismissed as inadmissible.
2.Territorio Histórico de Álava – Diputación Foral de Álava, Territorio Histórico de Guipúzcoa – Diputación Foral de Guipúzcoa and Territorio Histórico de Vizcaya – Diputación Foral de Vizcaya are ordered each to bear their own costs and pay the costs incurred by the European Commission.