Appeal brought on 14 December 2023 by the European Commission against the judgment of the General Court (Eighth Chamber) delivered on 27 September 2023 in Case T-826/14, Spain v Commission

(Case C-776/23 P)

Language of the case: Spanish

Parties

Appellant: European Commission (represented by: B. Stromsky, C. Urraca Caviedes and P. Němečková, acting as Agents)

Other party to the proceedings: Kingdom of Spain

Form of order sought

The appellant claims that the Court should:

set aside the judgment of the General Court of 27 September 2023 in Case T-826/14, Spain v Commission (EU:T:2023:582);

dismiss the action for annulment in Case T-826/14, Spain v Commission;

order the Kingdom of Spain to bear its own costs and to pay those incurred by the European Commission at first instance and on appeal.

Grounds of appeal and main arguments

The appellant puts forward two grounds of appeal and claims that the General Court made the following errors of law:

Error of law as regards the scope of the initial decisions, by failing to take account of the information provided by the Member State (first ground of appeal), and

Error of law as regards the effect of a binding administrative practice, by finding that it cannot broaden the scope of an aid scheme (second ground of appeal).

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