Action brought on 15 November 2019 — Set v Commission

(Case T-794/19)

(2020/C 10/63)

Language of the case: Italian

Parties

Applicant: Set SpA (Milan, Italy) (represented by: N. Aicardi, T. Ferrario, and M. Vasari, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—	annul the contested decision by which the Commission decided not to raise objections to the ‘Modification of the Italian capacity mechanism: Introduction of environmental requirements’, State Aid SA.53821 (2019/N);

—	order the defendant to pay the costs incurred by the applicant in the present proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of Article 108(2) TFEU, in accordance with the provisions of Articles 4 and 6 of Regulation (EU) 2015/1589 (1) laying down detailed rules for the application of the formal investigation procedure, in the context of the assessment, by the Commission, of the compatibility of the notified measure with the internal market.

—

In this regard the applicant highlights the issues connected to and the effects resulting from the opening up of the market-wide capacity mechanism to new, unauthorised production units, in respect of which the Commission failed to carry out an adequate assessment, noting that further aspects of the rules were amended in respect of which the Commission nonetheless either failed to carry out an assessment or carried out an incorrect assessment.

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(1)  Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9).