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EU competition law round-up: General Court dismisses challenges to Madeira Free Zone (ZFM) State aid decision; multiple State aid approvals; merger notifications and clearances; upcoming dates

Published on: 18 December 2024

Published by a LexisNexis Competition expert
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Article summary

State aid General Court dismisses further actions against Commission’s decision finding that a scheme designed to promote regional development in Maderia was unlawful State aid

The General Court delivered two judgments dismissing further challenges to the Commission’s decision of 4 December 2020 concerning the Madeira (ZFM) regional development scheme (Case SA.21259). The Court found that Portugal’s implementation contravened the Commission’s 2007 and 2013 decisions and thus constituted new aid. One judgment addressed a consolidated appeal by aid beneficiaries TA, Poppsyle, Durie, Starboard, Caledonian – Serviços Internacionais and Fuchinvest Real Estate Participações (collectively, the applicants). The other related to the action brought by Administradora Fortaleza Ltda.

  • Joined Cases T-702/22 TA v Commission; T-704/22 Poppysle v Commission (Zone franche de Madère); T-705/22 Durie v Commission (Zone franche de Madère); T-710/22 Starboard v Commission (Zone franche de Madère); T-711/22 Caledonian v Commission (Zone franche de Madère); T-712/22 Fuchinvest Real Estate v Commission (Zone franche de Madère)
  • Case T-716/22 Administradora Fortaleza and Others v Commission (Zone franche de Madère)

These proceedings, all contesting the Commission’s conclusion that the ZFM measure to encourage regional development in Madeira amounted to unlawful State aid, were therefore dismissed...

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