Order of the General Court (Fifth Chamber) of 18 October 2023
Order of the General Court (Fifth Chamber) of 18 October 2023
Data
- Court
- General Court
- Case date
- 18 oktober 2023
Verdict
Order of the General Court (Fifth Chamber) 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)"
1. Aid granted by a Member StateExisting aid and new aidMeasure amending an existing aid schemeImplementation of the scheme in breach of the conditions laid down in the Commission’s approval decisionModification affecting the substance of the schemeClassification as new aid
(Art. 108(3) TFEU; Council Regulation 2015/1589, Art. 1(c); Commission Notice 2006/C 54/08, paragraphs 6 and 76)
(see paragraphs 22, 23, 32-46)
2. Aid granted by a Member StateRecovery of unlawful aidAid granted in breach of the procedural rules of Article 108 TFEULegitimate expectations entertained by the recipientsNone save in exceptional circumstances
(Art. 108(2) and (3) TFEU; Council Regulation 2015/1589, Art. 16)
(see paragraphs 57-72)
3. Aid granted by a Member StateRecovery of unlawful and incompatible aidBreach of the principle of legal certaintyNone
(Art. 107 TFEU; Council Regulation 2015/1589, Art. 16(1))
(see paragraphs 73-90)
Operative part
1. The action is dismissed as manifestly lacking any foundation in law.
2. Bourbon Offshore Interoil Shipping – Navegação, Lda shall pay the costs.