EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 62014TN0673
Case T-673/14: Action brought on 22 September 2014 — Italy v Commission
Case T-673/14: Action brought on 22 September 2014 — Italy v Commission
Case T-673/14: Action brought on 22 September 2014 — Italy v Commission
OJ C 409, 17.11.2014, p. 52–53
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
17.11.2014 |
EN |
Official Journal of the European Union |
C 409/52 |
Action brought on 22 September 2014 — Italy v Commission
(Case T-673/14)
2014/C 409/73
Language of the case: Italian
Parties
Applicant: Italian Republic (represented by: A. De Stefano, avvocato dello Stato, and G. Palmieri, acting as Agent)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
annul the contested decision; |
— |
order the Commission to pay the costs. |
Pleas in law and main arguments
The Italian Government has brought an action before the General Court of the European Union against European Commission Decision C(2014) 4537 final of 9 July 2014, notified on 10 July 2014, concerning the establishment, by the company SEA S.p.A., of the company Airport Handling S.p.A..
By that measure, the European Commission opened a formal investigation with regard to the Italian Republic, holding, by way of preliminary findings, that:
— |
the establishment, by SEA S.p.A., of the company Airport Handling S.p.A. and the resulting allocation of capital amounting to EUR 25 million constitutes State aid which is incompatible with the internal market; |
— |
the company Airport Handling S.p.A. can be regarded as the successor to the company SEA Handling S.p.A., and thus continues to benefit from the aid received by that company which is the subject-matter of Decision C(2012) 9448 final of 19 December 2012, with the result that Airport Handling S.p.A. has assumed SEA Handling S.p.A.’s obligation to repay that aid. |
In support of its action, the applicant relies on seven pleas in law.
1. |
First plea in law, alleging infringement and misapplication of the principle of sincere cooperation and of Articles 10 and 13 of Regulation (EC) No 659/1999 of 22 March 1999.
|
2. |
Second plea in law, alleging infringement and misapplication of the principle of diligence and impartiality of administrative action.
|
3. |
Third plea in law, alleging infringement and misapplication of the principle of prudence and proportionality of administrative action.
|
4. |
Fourth plea in law, alleging infringement and misapplication of Articles 108 TFEU, 120 TFEU, 145 TFEU and 146 TFEU.
|
5. |
Fifth plea in law, alleging infringement and misapplication of Article 108 TFEU, with reference to the alleged continuity between the business activities of SEA Handling and Airport Handling.
|
6. |
Sixth plea in law, alleging infringement and misapplication of Article 108 TFEU, with reference to the alleged imputability to the State of the supposed aid.
|
7. |
Seventh plea in law, alleging infringement and misapplication of Article 108 TFEU, with reference to the supposed lack of economic rationality.
|