This document is an excerpt from the EUR-Lex website
Document 62015TN0185
Case T-185/15: Action brought on 14 April 2015 — Buonotourist v Commission
Case T-185/15: Action brought on 14 April 2015 — Buonotourist v Commission
Case T-185/15: Action brought on 14 April 2015 — Buonotourist v Commission
OJ C 190, 8.6.2015, p. 27–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
8.6.2015 |
EN |
Official Journal of the European Union |
C 190/27 |
Action brought on 14 April 2015 — Buonotourist v Commission
(Case T-185/15)
(2015/C 190/31)
Language of the case: Italian
Parties
Applicant: Buonotourist Srl (Castel San Giorgio, Italy) (represented by: G. Capo, lawyer, L. Visone, lawyer)
Defendant: European Commission
Form of order sought
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Annul the decision of the European Commission of 19 January 2015 on State aid Sa.35843 (2014/c) (ex 2012/NN), notified to the applicant on 20 February 2015 and implemented by Italy; |
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declare, in accordance with Articles 263 TFEU and 264 TFEU, the decision of the European Commission of 19 January 2015 in the procedure relating to State aid Sa.35843 (2014/c) (ex 2012/NN) (in the sum of EUR 1 1 11 572,00) totally null and void, in so far as it finds that the sums granted by way of compensation for public service obligations under Regulation (EEC) No 1191/69 — compensation granted pursuant to Article 11 for a tariff obligation in the Local Public Transport sector — are to be regarded as a measure that has not been notified, constituting State aid within the meaning of Article 107(1) TFEU, which is incompatible with the internal market; |
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declare, in accordance with Articles 263 TFEU and 264 TFEU, the decision of the European Commission of 19 January 2015 in the procedure relating to State aid Sa.35843 (2014/c) (ex 2012/NN) (in the sum of EUR 1 1 11 572,00) totally null and void, in so far as it imposes operational measures for the recovery of the aid by the Italian State; |
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order the Commission to pay the costs incurred by Buonotourist s.r.l. |
Pleas in law and main arguments
By the contested decision in the present case, the Commission declared that the payments made to Buonotourist, either by way of compensation or reparation for damage, for the unlawful unilateral imposition of public service obligations (PSO) for the period 1996-2002, in so far as they constitute a measure that has not been notified, constitute State aid within the meaning of Article 107(1) of the Treaty, which is incompatible with the internal market. As a consequence, the decision imposed operational measures for the recovery of the aid.
In support of the action, the applicant relies on 8 pleas in law.
1. |
First plea in law, alleging infringement of Articles 93, 107, 108 and 263 TFEU in relation to Article 17 of Council Regulation (EEC) No 1191/69 of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (OJ, English Special Edition, 1969(1), p. 276).
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2. |
Second plea in law, alleging infringement of Article 4 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1) in relation to Articles 107 and 108 TFEU.
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3. |
Third plea in law, alleging infringement of Articles 93, 107 and 108 TFEU in relation to Article 17 of Regulation No 1191/69 and to Article 9 of Regulation (EEC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ 2007 L 315, p. 1).
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4. |
Fourth plea in law, alleging infringement of Article 1(f) in relation to Article 1(g) and to Articles 4, 7 and 15 of Regulation No 659/1999, for the purposes of Article 17 of Regulation No 1191/69.
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5. |
Fifth plea in law, alleging infringement of Article 267 TFEU, Articles 6 and 13 ECHR and Articles 93, 107 and 108 TFEU.
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6. |
Sixth plea in law, alleging infringement of Articles 6, 7 and 13 ECHR; Articles 93 — 107 and 108 in relation to Article 258 et seq. TFEU, in relation to Article 101 of the Constitution of the Italian Republic; and Article 2909 of the Italian Civil Code.
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7. |
Seventh plea in law, alleging infringement of Articles 11 and 17 of Regulation No 1191/69, Articles 93, 107 and 108 TFEU, and misuse of power in the present case.
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8. |
Eighth plea in law, alleging infringement of Articles 1, 11 and 17 of Regulation No 1191/69 and Articles 93, 107 and 108 TFEU.
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