13.4.2015 |
EN |
Official Journal of the European Union |
C 118/29 |
Action brought on 17 December 2014 — Banco Espírito Santo v Commission
(Case T-814/14)
(2015/C 118/38)
Language of the case: Portuguese
Parties
Applicant: Banco Espírito Santo, S.A. (represented by: M. Gorjão-Henriques and L. Bordalo e Sá, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
(i) |
Annul paragraphs 9 and 18 of Annex II to European Commission Decision C(2014) 5682 final, of 3 August 2014, State aid No SA.39250 (2014/N) — Portugal, Resolution of Banco Espírito Santo, S.A., in so far as they impose, or may be interpreted as imposing, on the applicant (Banco Espírito Santo, S.A. or ‘BES’) the responsibility for ensuring the remuneration or payment of any other costs of the Monitoring Trustee; |
(ii) |
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 infringement of the legal rules relating to the application of the Treaty — imposing on BES the costs relating to monitoring compliance with the commitments made by the Portuguese Republic:
|
2. |
Second plea in law, alleging breach of the principles of legitimate expectations, legal certainty and that administrative authorities are bound by their own rules:
|
3. |
Third plea in law, alleging breach of the principle of proportionality:
|