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Anjum Shabbir
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16th January 2020
Competition & State Aid

State Aid: General Court dismisses Iberpotash’s action against European Commission

Today, the Second Chamber of the General Court released its judgment in Iberpotash v European Commission (T-257/18). In this annulment action, the applicant challenged the Commission’s Decision on the guarantees and aid granted by the Spanish authorities to Iberpotash in support of its active potash mines in Catalonia (Spain). Iberpotash acquired the mines from the Spanish State on the basis of a sales and purchase agreement concluded in 1998.

Iberpotash is a subsidiary of ICL Fertilisers, an Israeli multinational which is the largest producer of fertilisers worldwide.

In today’s judgment, the General Court dismisses all of Iberpotash’s pleas in law. The applicant challenged, in essence, the European Commission’s analysis on the existence of a transfer of public funds and the selectivity of the national measure.

The full judgment is available here.

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