Order;Information — ECLI:EU:T:2023:687
Date: 2023-10-18
Language of the case: Portuguese
Court formation: Fifth Chamber
Subject matter: State aids;Competition
Procedure: Action for annulment - unfounded
Origin: Portugal

Order of the General Court of 18 October 2023 – Bourbon Offshore Interoil Shipping v Commission (Free Zone of Madeira) (Case T-721/22) 1 (State aid – Free Zone of Madeira – Aid scheme implemented by Portugal – Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme – Concept of ‘existing aid’ within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 – Recovery – Legitimate expectations – Legal certainty – Action manifestly lacking any foundation in law) Language of the case: Portuguese Parties Applicant: Bourbon Offshore Interoil Shipping – Navegação, Lda (Funchal, Portugal) (represented by: S. Fernandes Martins and M. Mendonça Saraiva, lawyers) Defendant: European Commission (represented by: I. Barcew and P. Caro de Sousa, acting as Agents) Re: By its action under Article 263 TFEU, the applicant seeks the annulment, principally, of Commission Decision (EU) 2022/1414 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 (OJ 2022 L 217, p. 49), and, in the alternative, of Article 4 of that decision. Operative part of the order 1. The action is dismissed as manifestly lacking any foundation in law. 2. Bourbon Offshore Interoil Shipping – Navegação, Lda shall pay the costs. ____________ 1 OJ C 35, 30.1.2023.