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.

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(1)  OJ C 221, 25.6.2018.