CELEX: 62018TA0257
Language: en
Date: 2020-01-16 00:00:00
Title: 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)

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.