Action brought on 18 May 2010 - Ebro Puleva v Commission

(Case T-234/10)

Language of the case: Spanish

Parties

Applicant: Ebro Puleva, SA (Madrid, Spain) (represented by: J. Buendía Sierra, E. Abad Valdenebro, M. Muñoz de Juan and R. Calvo Salinero, lawyers)

Defendant: European Commission

Form of order sought

annul Article 1(1) of the contested decision inasmuch as it declares that Article 12(5) of the consolidated text of the Law on Corporation Tax (texto refundido de la Ley del Impuesto sobre Sociedades, TRLIS) involves State aid elements

in the alternative, annul Article 1(1) inasmuch as it declares that Article 12(5) TRLIS involves State aid elements when it applies to acquisitions of shares which entail the acquisition of control;

order the Commission to pay the costs of these proceedings.

Pleas in law and main arguments

The decision against which these proceedings are brought is the same as that contested in Cases T-219/10 Autogrill España v Commission; T-221/10 IBERDROLA v Commission; and T-225/10 BANCO BILBAO VIZCAYA ARGENTARIA v Commission.

The pleas in law and the principal arguments are similar to those relied on in those cases.

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