This document is an excerpt from the EUR-Lex website
Document 62016TN0836
Case T-836/16: Action brought on 30 November 2016 — Republic of Poland v Commission
Case T-836/16: Action brought on 30 November 2016 — Republic of Poland v Commission
Case T-836/16: Action brought on 30 November 2016 — Republic of Poland v Commission
OJ C 30, 30.1.2017, p. 54–55
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
30.1.2017 |
EN |
Official Journal of the European Union |
C 30/54 |
Action brought on 30 November 2016 — Republic of Poland v Commission
(Case T-836/16)
(2017/C 030/62)
Language of the case: Polish
Parties
Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
— |
annul the decision of the Commission of 19 September 2016 in the case relating to State Aid SA.44351 (2016/C) (ex 2016/NN) — Poland — Polish tax on the retail sector, notified under document C(2016) 5596, and |
— |
order the European Commission to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1. |
First plea in law, alleging an incorrect classification of the Polish retail sales tax as State aid within the meaning of Article 107(1) TFEU as the result of a manifestly incorrect assessment of the condition of selectivity.
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2. |
Second plea in law, alleging infringement of Article 13(1) of 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 and of the principle of proportionality by the ordering of immediate suspension of the application of the progressive rates of the Polish retail sales tax.
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3. |
Third plea in law, alleging that the statement of reasons in the contested decision is defective and insufficient.
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