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Document 62021TN0420
Case T-420/21: Action brought on 12 July 2021 — Cargolux v Commission
Case T-420/21: Action brought on 12 July 2021 — Cargolux v Commission
Case T-420/21: Action brought on 12 July 2021 — Cargolux v Commission
OJ C 338, 23.8.2021, p. 43–44
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.8.2021 |
EN |
Official Journal of the European Union |
C 338/43 |
Action brought on 12 July 2021 — Cargolux v Commission
(Case T-420/21)
(2021/C 338/53)
Language of the case: English
Parties
Applicant: Cargolux Airlines International SA (Cargolux) (Sandweiler, Luxembourg) (represented by: G. Goeteyn and E. Aliende Rodríguez, lawyers)
Defendant: European Commission
Form of order sought
The applicant claim that the Court should:
— |
annul the letter from the Commission to Cargolux dated 30 April 2021 in full; |
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order the Union, represented by the Commission, to redress the damage sustained by Cargolux because of the Commission’s failure to pay the Default Interest Amount Payable and Compound Interest Amount Payable, pursuant to the first paragraph of Article 266 TFEU, in compliance with the judgment of 16 December 2015, Cargolux Airlines International SA v Commission (Case T-39/11), and therefore pay the following amounts, pursuant to the second paragraph of Article 266 TFEU, Article 268 TFEU and the second paragraph of Article 340 TFEU:
|
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order the Commission to pay the entirety of Cargolux’s costs of the present proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1. |
First plea in law, alleging that the contested decision notified by the letter of 30 April 2021 is vitiated by an error of law and must be annulled in full pursuant to Article 263 TFEU. The applicant alleges that the contested decision incorrectly asserts that Cargolux’s request of 2 February 2021 for payment of the Default Interest Amount Payable and the Compound Interest Amount Payable is time-barred and inadmissible. |
2. |
Second plea in law, alleging that the Commission’s breach of the first paragraph of Article 266 TFEU renders the Union non-contractually liable to pay compensation equal to the Default Interest Amount Payable and the Compound Interest Amount Payable to Cargolux, pursuant to the second paragraph of Article 266 TFEU, Article 268 TFEU and the second paragraph of Article 340 TFEU. |