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Document 62018TA0257

    Case T-257/18: Judgment of the General Court of 16 January 2020 — Iberpotash v Commission (State aid — Mining sector — Measure consisting (i) in the reduction of financial guarantees for the restoration of mining sites and (ii) in State investment for the restoration of mining sites ensuring a higher level of environmental protection — Decision declaring aid partly incompatible with the internal market and ordering its recovery — Concept of ‘aid’ — Advantage — Transfer of State resources — Selective nature — Legitimate expectations — Legal certainty — Calculation of the amount of the aid)

    IO C 68, 2.3.2020, p. 42–42 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    2.3.2020   

    EN

    Official Journal of the European Union

    C 68/42


    Judgment of the General Court of 16 January 2020 — Iberpotash v Commission

    (Case T-257/18) (1)

    (State aid - Mining sector - Measure consisting (i) in the reduction of financial guarantees for the restoration of mining sites and (ii) in State investment for the restoration of mining sites ensuring a higher level of environmental protection - Decision declaring aid partly incompatible with the internal market and ordering its recovery - Concept of ‘aid’ - Advantage - Transfer of State resources - Selective nature - Legitimate expectations - Legal certainty - Calculation of the amount of the aid)

    (2020/C 68/50)

    Language of the case: English

    Parties

    Applicant: Iberpotash, SA (Súria, Spain) (represented by: N. Niejahr and B. Hoorelbeke, lawyers)

    Defendant: European Commission (represented by: G. Luengo and D. Recchia, acting as Agents)

    Re:

    Action pursuant to Article 263 TFEU seeking the annulment of Commission Decision (EU) 2018/118 of 31 August 2017 on State aid SA.35818 (2016/C) (ex 2015/NN) (ex 2012/CP) implemented by Spain for Iberpotash (OJ 2018 L 28, p. 25).

    Operative part of the judgment

    The Court:

    1.

    Dismisses the action;

    2.

    Orders Iberpotash, SA to pay the costs.


    (1)  OJ C 221, 25.6.2018.


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