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Document 62015TN0354
Case T-354/15: Action brought on 2 July 2015 — Allergopharma v Commission
Case T-354/15: Action brought on 2 July 2015 — Allergopharma v Commission
Case T-354/15: Action brought on 2 July 2015 — Allergopharma v Commission
OJ C 328, 5.10.2015, p. 11–12
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
5.10.2015 |
EN |
Official Journal of the European Union |
C 328/11 |
Action brought on 2 July 2015 — Allergopharma v Commission
(Case T-354/15)
(2015/C 328/10)
Language of the case: German
Parties
Applicant: Allergopharma GmbH & Co. KG (Reinbek, Germany) (represented by: T. Müller-Ibold and F.-C. Laprévote, lawyers)
Defendant: European Commission
Form of order sought
— |
Annul the Commission’s decision of 27 March 2015 authorising an aid scheme for German pharmaceutical companies in financial difficulties through the exemptions from mandatory rebates (SA.34881 (2013/C) (ex 2013/NN) (ex 2012/CP)); |
— |
Order the European Commission to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1. |
First plea in law, alleging errors of law, infringement of the Treaty and breach of the principles of non-discrimination and protection of legitimate expectations in consequence of the failure to have regard to the rescuing and restructuring guidelines (1)
|
2. |
Second plea in law, alleging errors of law, errors of fact and manifest errors of assessment in the application of Article 107(3)(c) TFEU
|
3. |
Third plea in law, alleging infringement of essential procedural safeguards and of the right to a hearing
|
4. |
Fourth plea in law, alleging infringement of the obligation to state reasons
|
(1) Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ 2004 C 244, p. 2) (‘the Guidelines’).
(2) 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).