9.3.2015 |
EN |
Official Journal of the European Union |
C 81/21 |
Action brought on 4 December 2014 — Tempus Energy and Tempus Energy Technology v Commission
(Case T-793/14)
(2015/C 081/28)
Language of the case: English
Parties
Applicants: Tempus Energy Ltd (Reading, United Kingdom); and Tempus Energy Technology Ltd (Cheltenham, United Kingdom) (represented by: J. Derenne, J. Blockx, C. Ziegler and M. Kinsella, lawyers)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
— |
annul the contested decision; and |
— |
order the defendant to bear its own costs and to pay those incurred by the applicants. |
Pleas in law and main arguments
By their action the applicants seek the annulment of the Commission’s Decision C(2014) 5083 final of 23 July 2014 in case SA.35980 (2014/N-2) — United Kingdom, Electricity Market Reform — Capacity Market.
In support of the action, the applicants rely on two pleas in law.
1. |
First plea in law, alleging that, by failing to open the formal investigation procedure, the Commission violated Article 108(2) TFEU, the principles of non-discrimination, proportionality and legitimate expectation and made a wrong assessment of the facts. The applicants submit that:
|
2. |
Second plea in law, alleging that the Commissions failed to provide adequate reasoning in the Decision. |