Judgment_paragraph 118 · Kingdom of Spain and Others v European Commission (C-649/20 P)

118By merely, first, finding that Lico Leasing and PYMAR had not challenged the designation of the recipients in the decision at issue and, secondly, referring to the logic and content of that decision, when it could be inferred from the plea raised that those undertakings – even though they had not disputed the identity of the recipients – claimed, implicitly but necessarily, that they had not been the only recipients of the aid in question since a large part of that aid had been transferred to the shipping companies, the General Court failed to respond to that plea. Consequently, the General Court failed to rule on that plea, which constitutes an infringement of the obligation to state reasons (see, to that effect, judgment of 14 July 2005, Acerinox v Commission, C‑57/02 P, EU:C:2005:453, paragraph 36, and order of the Vice-President of the Court of 17 August 2022, SJM Coordination Center v Magnetrol International and Commission, C‑4/22 P (I), EU:C:2022:626, paragraph 19).

Kingdom of Spain and Others v European Commission (C-649/20 P)

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