Action brought on 13 June 2014 — Superficies de Alimentación v Commission

(Case T-433/14)

Language of the case: Spanish

Parties

Applicant: Superficies de Alimentación, SA (Barcelona, Spain) (represented by: A. López Gómez, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

in the alternative, annul the decision categorising the measures which together constitute the ‘Spanish Tax Lease System’ (‘STLS’) as new State aid that is incompatible with the internal market;

in the alternative, annul Articles 1 and 4 of the contested decision, which identify the investors in the Economic Interest Groupings (EIGs) as the only beneficiaries of the alleged aid and, consequently, as solely liable for its recovery;

in the alternative, annul Article 4 of the contested decision, in so far as it orders recovery of the alleged aid in breach of general principles of EU law;

in the alternative, annul Article 4 of the contested decision, in so far as it makes a determination as to the lawfulness of private contracts between the investors and other entities, in full or in such a way as to limit the bar on passing on the burden of recovery to the profitability of the operations; and

order the Commission to pay the costs of these proceedings.

Pleas in law and main arguments

The pleas in law and main arguments are those raised in Case T-401/14 Duro Felguera SA v Commission.