# C_2022368EN.01002601.xml

| 26.9.2022 | EN | Official Journal of the European Union | C 368/26 |
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26.9.2022

EN

Official Journal of the European Union

C 368/26

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Action brought on 20 July 2022 — QQ v Commission

(Case T-461/22)

(2022/C 368/45)

Language of the case: Portuguese

Parties

Applicant: QQ (represented by: S. Gemas Donário and S. Soares, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul Commission Decision C(2020) 8550 final of 4 December 2020 on aid scheme SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal for Zona Franca da Madeira (ZFM) — Regime III; |
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annul Commission Decision C(2020) 8550 final of 4 December 2020 on aid scheme SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal for Zona Franca da Madeira (ZFM) — Regime III;

| — | order the Commission to pay the costs. |
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order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law.

| 1. | First plea in law, alleging an error of assessment regarding fulfilment of the requirements for the compatibility of the aid scheme Zona Franca da Madeira — Regime III (‘ZFM’), in particular as regards the origin of the profits and the creation and maintenance of jobs in the region. |
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1.

First plea in law, alleging an error of assessment regarding fulfilment of the requirements for the compatibility of the aid scheme Zona Franca da Madeira — Regime III (‘ZFM’), in particular as regards the origin of the profits and the creation and maintenance of jobs in the region.

| 2. | Second plea in law, alleging undue delay on the part of the Commission in amending the successive versions of the ZFM scheme as regards the criterion for calculating the number of jobs created/maintained. |
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2.

Second plea in law, alleging undue delay on the part of the Commission in amending the successive versions of the ZFM scheme as regards the criterion for calculating the number of jobs created/maintained.

| 3. | Third plea in law, alleging infringement of the obligation to state reasons, in so far as the decision adopted is not sufficiently reasoned as regards the meaning of ZFM jobs and as regards the activity effectively and materially performed in Madeira. |
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3.

Third plea in law, alleging infringement of the obligation to state reasons, in so far as the decision adopted is not sufficiently reasoned as regards the meaning of ZFM jobs and as regards the activity effectively and materially performed in Madeira.

| 4. | Fourth plea in law, alleging infringement of the right to a fair trial and of the principle of equality of arms, due to the delay on the part of the Commission in correcting parts of the ZFM legal framework and the short time limit allowed for the applicant to exercise its rights of defence. |
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4.

Fourth plea in law, alleging infringement of the right to a fair trial and of the principle of equality of arms, due to the delay on the part of the Commission in correcting parts of the ZFM legal framework and the short time limit allowed for the applicant to exercise its rights of defence.

| 5. | Fifth plea in law, alleging infringement of legitimate expectations, due to the delayed action on the part of the Commission and the content of the contested decision. |
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5.

Fifth plea in law, alleging infringement of legitimate expectations, due to the delayed action on the part of the Commission and the content of the contested decision.

| 6. | Sixth plea in law, alleging infringement of the principle of legal certainty, due to the delayed action on the part of the Commission and the amendment of the State aid scheme in place for a certain regulatory period. |
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6.

Sixth plea in law, alleging infringement of the principle of legal certainty, due to the delayed action on the part of the Commission and the amendment of the State aid scheme in place for a certain regulatory period.

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