C-742/21 PCoopérative des artisans pêcheurs associés (CAPA) and Others v European Commission

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Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Individual aid measures for the operation of offshore wind farms – Obligation to purchase electricity at a price higher than the market price – Preliminary investigation procedure – Decision not to raise any objections – Action for annulment – Dismissal as inadmissible – Article 1(h) of Regulation (EU) 2015/1589 – Status of interested party – Fisheries undertakings – Construction of wind farms in fishing grounds – Competitive relationship – Likelihood that granting the aid at issue will have an effect on the interests of fisheries undertakings – Lack of effective judicial review – Incorrect findings – Distortion of the clear sense of evidence – Errors in the characterisation of the facts – Incorrect application of Article 39 TFEU – Failure to state reasons.

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