16.1.2023

Official Journal of the European Union

C 15/31

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(Case C-710/22 P)

(2023/C 15/34)

Language of the case: French

Parties

Appellant: JCDecaux Street Furniture Belgium (represented by: A. Winckler, M. Malanda, avocats)

Other parties to the proceedings: European Commission, Clear Channel Belgium

Form of order sought

The appellant claims that the Court should:

—set aside the judgment of the General Court of the European Union of 7 September 2022 in Case T-642/19, JCDecaux Street Furniture Belgium v Commission;

—grant the form of order sought by JCDecaux at first instance and annul Article 1 of Decision C(2019) 4466 of the European Commission of 24 June 2019 on State aid SA.33078 (2015/C) (ex 2015/NN) implemented by Belgium in favour of JC Decaux Belgium Publicité, in so far as it found that there was incompatible State aid in favour of JCDecaux in the performance of the 1984 contract, and Articles 2 to 4, in so far as they order the Belgian State to recover the aid from JCDecaux;

—order the Commission to pay the costs.

Grounds of appeal and main arguments

In support of its appeal, JCDecaux submits that the General Court, in its judgment, adopted contradictory reasoning and erred in law in finding that the use by JCDecaux of certain advertising displays under the 1984 contract after their expiry date constituted an economic advantage, and distorted the facts in so far as it found that the advertising displays that were kept in place were covered by the 1999 contract on the basis of which ‘rent and taxes’ were due.

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