Action brought on 4 August 2011 - Telefónica v Commission

(Case T-430/11)

Language of the case: Spanish

Parties

Applicant: Telefónica, SA (Madrid, Spain) (represented by: J. Ruiz Calzado, M. Núñez-Müller and J. Domínguez Pérez, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

annul Article 1(1) of the decision;

in the alternative, annul Article 1(4) and (5) of the decision;

in the further alternative, annul Article 4 of the decision, or amend its scope as appropriate, and

order the Commission to pay all the costs arising from these proceedings.

Pleas in law and main arguments

This action has been brought against the Commission's Decision of 12 January 2011 in Case No C 45/2007 (ex NN51/2007, ex CP9/2007), on the tax amortisation of financial goodwill for foreign shareholding acquisitions implemented by Spain.

The pleas in law and main arguments are those raised in Case T-429/11 BBVA v Commission.

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