8.9.2014   

EN

Official Journal of the European Union

C 303/49

—

annul the contested decision under Article 263 TFEU in so far as it declares the existence of State aid and orders its recovery from the investors in the Economic Interest Groupings (EIGs);

—

in the alternative, annul Articles 1, 2 and 4.1 of the decision in so far as they describe the investors as beneficiaries that must reimburse the alleged aid;

—

in the alternative, declare void the provision made in Article 4.1 of the decision, in fine, ordering recovery of the alleged aid, for infringement of the principles of legal certainty and of the protection of legitimate expectations, since recovery of the aid cannot be ordered with effect from before the publication of the decision to open formal proceedings;

—

in the alternative, annul Article 2 of the decision and declare unlawful the methodology, set out in paragraphs 263 and 167 of the decision, used to determine the alleged advantage to be reimbursed by the investors, which should have been adjusted in order to take certain deductions into account;

—

declare inoperative, or in the alternative, annul in part Article 4.1 of the decision relating to the prohibition of ‘transfer[ring] the burden of recovery on other subjects’, in so far as it entails a ruling on the prohibition or supposed invalidity of the contractual terms allowing recourse against third parties in respect of the amounts that the investors are required to reimburse to Spain; and

—

order the European Commission to pay the costs.