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Document 62015TN0591
Case T-591/15: Action brought on 13 October 2015 — Transavia Airlines v Commission
Case T-591/15: Action brought on 13 October 2015 — Transavia Airlines v Commission
Case T-591/15: Action brought on 13 October 2015 — Transavia Airlines v Commission
OJ C 398, 30.11.2015, p. 74–76
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
30.11.2015 |
EN |
Official Journal of the European Union |
C 398/74 |
Action brought on 13 October 2015 — Transavia Airlines v Commission
(Case T-591/15)
(2015/C 398/87)
Language of the case: Dutch
Parties
Applicant: Transavia Airlines (Schiphol, Netherlands) (represented by: R. Elkerbout and M. R. Baneke, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
annul Article 1(3) and (in so far as they concern Article 1(3)) Articles 3, 4 and 5 of the decision of the European Commission; and |
— |
order the European Commission to pay the costs. |
Pleas in law and main arguments
The applicant seeks the partial annulment of Commission Decision (EU) 2015/1227 of 23 July 2014 on State aid SA.22614 (C 53/07) implemented by France in favour of the Chamber of Commerce and Industry of Pau-Béarn, Ryanair, Airport Marketing Services and Transavia (notified under document C(2014) 5085) (OJ 2015 L 201, p. 109).
In support of its action, the applicant relies on six pleas in law.
1. |
First plea in law, alleging infringement of the principle of good administration, set out in Article 41 of the Charter of Fundamental Rights of the European Union, and of the rights of the defence.
|
2. |
Second plea in law, alleging breach of Article 107(1) TFEU inasmuch as the alleged aid measures were wrongly attributed to the French State.
|
3. |
Third plea in law, alleging breach of Article 107(1) TFEU inasmuch as the test of the operator in a market economy was applied incorrectly.
|
4. |
Fourth plea in law, alleging breach of Article 107(1) TFEU inasmuch as the Commission unduly found that the alleged economic advantage was selective. |
5. |
Fifth plea in law, alleging breach of Article 107(1) TFEU inasmuch as the Commission failed to assess whether the alleged economic advantages also had actual adverse effects on competition. |
6. |
Sixth plea in law, alleging breach of Article 107(1) TFEU and of Article 108(2) TFEU inasmuch as the Commission made an error of assessment and misinterpreted the law in determining that the aid provided to the applicant was equivalent to the cumulative losses for Pau Airport over the period from 2006 to 2009, whereas it ought to have examined what advantage the applicant actually enjoyed in practice. |