14.4.2014   

EN

Official Journal of the European Union

C 112/25

—

Declare the appeal well~ founded and admissible;

—

Set aside the Order of the General Court of 10 December 2013 in case T-176/11 Carbunión v Council and, annul Articles 3(l)(a), (b), (f) and Article(3)(3) (the ‘Contested Provisions’') of Decision 2010/787 (1) (the ‘Decision’) of 10 December 2010 on State aid to facilitate closure of uncompetitive coal mines and give final judgment on the substance of the case; and

—

Order the Council to bear the costs incurred by the Appellant both at first instance and in connection with the appeal.

—

First, the Appellant submits that the General Court infringed its obligation to state reasons adequately pursuant to Article 36 of the Statute of the Court of Justice when it considered that the Contested Provisions are not severable from the remainder of the Decision.

—

Second, the Appellant submits that the General Court erred in law when considering that Article 7 of the Decision would serve no purpose without the Contested Provisions.

—

Third, the General Court erred in law in its interpretation of Article 3(1)(a) of the Decision by not considering that the deadline contained therein defines a special temporal scope of the Decision.

—

Fourth, the General Court erred in law in its interpretation of the conditions in Article 3(l)(f) of the Decision by considering it a compatibility condition and not a modality of granting the closure aid.

—

Fifth, the General Court erred in law in concluding that the severability of the Contested Provisions would alter the spirit and the substance of the Decision.