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annul the defendant’s decision of 16 July 2021 on State aid SA. 57369 (2020/N) — Portugal — Rescue aid to TAP SGPS; (1) and

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order the defendant to pay the costs.

1.

First plea in law, alleging that the defendant erred in law and manifestly erred in its assessment by claiming that the State aid falls within the material scope of the R&R Guidelines, without correctly determining whether the applicant’s difficulties are too serious to be dealt with by itself, and are intrinsic or the result of an arbitrary allocation of costs within the group to which it belongs.

2.

Second plea in law, alleging that the defendant misapplied Article 107(3)(c) TFEU. It is argued that the defendant’s review of the satisfaction of the compatibility condition that aid should contribute to an objective of common interest and its assessment of the rescue aid’s appropriateness and proportionality and of its negative effects are flawed by errors in law and manifest errors of assessment.

3.

Third plea in law, alleging that the contested decision violates the principles of non-discrimination and free provision of services (applied to air transport through Regulation (EC) No 1008/2008 (2)) and also the principle of free establishment.

4.

Forth plea in law, alleging that the defendant failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.

5.

Fifth plea in law, alleging that the contested decision violates the Commission’s duty to state reasons pursuant to Article 296(2) TFEU.