12.10.2013 |
EN |
Official Journal of the European Union |
C 298/10 |
Action brought on 21 August 2013 — Sea Handling v Commission
(Case T-456/13)
2013/C 298/17
Language of the procedure: Italian
Parties
Applicant: Sea Handling SpA (Somma Lombardo, Italy) (represented by: B. Nascimbene and M. Merola, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
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annul the contested decision, by which the Commission refused to grant SEA Handling SpA access to the documents sought by the request of 27 February 2013; |
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direct the Commission to allow the applicant to have sight of the requested documents; |
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order the Commission to pay the costs. |
Pleas in law and main arguments
By the present action, the applicant contests the Commission’s decision refusing to grant that company access to the documents in the Commission’s possession relating to the administrative procedure which had culminated in the adoption of the Commission decision of 19 December 2012 concerning the capital injections made by SEA SpA to SEA Handling SpA (Case SA.21420 — Italy/SEA Handling).
In support of its action, the applicant relies on five pleas in law.
1. |
First plea in law: breach of procedural rules.
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2. |
Second plea in law: infringement of Article 4(2) of Regulation No 1049/2001.
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3. |
Third plea in law: infringement of Article 4(2) of Regulation No 1049/2001.
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4. |
Fourth plea in law: infringement of Article 4(6) of Regulation No 1049/2001 and breach of the principle of proportionality.
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5. |
Fifth plea in law: infringement of Article 4(2) and (3) of Regulation No 1049/2001 and breach of the principle of proportionality, read in conjunction with Article 42 of the Charter of Fundamental Rights of the European Union.
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