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annul European Commission Decision of 9 July 2024 on State Aid SA.114648 (2024/N) and SA.114657 (2024/N) – Sweden – Denmark – Amendment to SA.57543 and SA.58342 (1); and

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order the European Commission to pay the costs.

1.

First plea in law, alleging that the Commission manifestly erred by repealing the governance commitments in breach of its self-imposed equivalence test.

2.

Second plea in law, alleging that the Commission committed a manifest error of assessment and infringed the Temporary Framework and Article 107(3)(b) TFEU by unlawfully waiving the requirement for a step-up mechanism.

3.

Third plea in law, alleging that the Commission erred in law and manifestly erred in its assessment by endorsing the ‘fresh start’ principle, which insulates SAS from exposure to structural remedies under point 72 TF and creates an unlawful safe harbour against prior, unaddressed distortions of competition raised by the Applicant in the pending proceedings against the Readopted Decision.

4.

Fourth plea in law, alleging that the Commission misapplied Regulation (EU) 2015/1589 (2) by choosing not to re-open the formal administrative procedure prior to the adoption of the Amendment Decision.

5.

Fifth plea in law, alleging that the Amendment Decision infringed the Commission’s duty to state reasons under Article 296(2) TFEU.