Mnemotablici Po Skazkam
En 97 The error of law which thus vitiates the General Court’s judgment of 15 September 2016, Scuola Elementare Maria Montessori v Commission (T‐220/13, not published, EU:T:2016:484), overlaps with that also committed by the General Court by rejecting, in paragraphs 86 and 104 to 110 of that judgment, Scuola Elementare Maria Montessori’s argument that the Commission should have examined the existence of alternative methods enabling recovery, if only in part, of the aid in question, on the ground that Scuola Elementare Maria Montessori had not been able to demonstrate their existence. Orders the European Commission, as regards its own costs, to bear one-third of the costs in connection with the action before the General Court of the European Union in Case T‐220/13 and to bear the costs in connection with the appeals in Cases C‐622/16 P to C‐624/16 P and, as regards the costs of Scuola Elementare Maria Montessori Srl, to pay one-third of the costs in connection with the action before the General Court of the European Union in Case T‐220/13, to pay half the costs in connection with the appeal in Case C‐622/16 P, and to pay the costs incurred in Case C‐623/16 P. En 98 In so far as Article 14(1) of Regulation No 659/1999 requires the Commission, as a general rule, to adopt an order to recover unlawful aid and allows it to refrain from doing so only exceptionally, it was for the Commission to show in the decision at issue that the conditions for it to decline to adopt such an order were satisfied, not for Scuola Elementare Maria Montessori to prove before the General Court that there existed alternative methods enabling recovery, if only in part, of the aid in question.
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