1.9.2014 |
EN |
Official Journal of the European Union |
C 292/17 |
Appeal brought on 9 June 2014 by the Società per l’aeroporto civile di Bergamo-Orio al Serio SpA (SACBO SpA) against the order of the General Court (Third Chamber) delivered on 31 March 2014 in Case T-270/13 Società per l’aeroporto civile di Bergamo-Orio al Serio SpA (SACBO SpA) v European Commission and Innovation and Networks Executive Agency (INEA)
(Case C-281/14 P)
2014/C 292/21
Language of the case: Italian
Parties
Appellant: Società per l’aeroporto civile di Bergamo-Orio al Serio SpA (SACBO SpA) (represented by: M. Muscardini, G. Greco and G. Carullo, avvocati)
Other parties to the proceedings: European Commission and Innovation and Networks Executive Agency (INEA)
Form of order sought
The appellant claims that the Court should:
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after establishing that SACBO has a right of action and that the decision of 18 March 2013 is an actionable measure, set aside in its entirety the order of the General Court of 31 March 2014 in Case T-270/13 and accordingly — if the Court of Justice considers that the state of the proceedings so permits for the purposes of the first paragraph of Article 61 of the Statute of the Court of Justice — uphold in full the form of order sought at first instance, with all the attendant legal consequences, as follows: after establishing that there was no intention to evade payment and that the co-financed activity was not artificially subdivided, annul the decision adopted on 18 March 2013 by the Trans-European Transport Network Executive Agency (TEN-T EA) to the extent that it characterised as ineligible the external costs relating to Activities 1, 2.1, 4, 5, 6 and 7 and consequently reduced the joint funding available and requested repayment of EUR 1 58 517,54; |
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order the European Commission to pay the costs. |
Grounds of appeal and main arguments
I. |
In support of the appeal against the order by which the General Court declared the action inadmissible.
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II. |
Reproduction of the pleas in law relied upon at first instance (1) for the purposes of the first paragraph of Article 61 of the Statute of the Court of Justice. |