20.7.2015 |
EN |
Official Journal of the European Union |
C 236/45 |
Action brought on 18 May 2015 — ACDA and Others v Commission
(Case T-242/15)
(2015/C 236/61)
Language of the case: French
Parties
Applicants: Automobile Club des Avocats — ACDA (Paris, France); Organisation des Transporteurs Routiers Européens — OTRE (Bordeaux, France); Fédération française des motards en colère — FFMC (Paris); Fédération française de motocyclisme (Paris); and Union nationale des automobile clubs (Paris) (represented by: M. Lesage, lawyer)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
— |
declare their action admissible; |
— |
annul Commission Notice SA.38271 of 28 October 2014 on State Aid SA.2014/N 38271, linked to the Plan for Investment in Motorways in France, published on 20 February 2015 in the Official Journal of the European Union (OJEU). |
Pleas in law and main arguments
In support of the action, the applicants rely on five pleas in law.
1. |
First plea in law, alleging that the French motorway investment plan (‘MIP’) would have the effect of granting a benefit specifically to concession-holding companies operating motorways, with the assistance of public funds. |
2. |
Second plea in law, alleging that the MIP would affect competition. |
3. |
Third plea in law, alleging overcompensation for the expenditure incurred by concession-holding companies operating motorways, which is inconsistent with the task of general economic interest with which they are entrusted. |
4. |
Fourth plea in law, alleging a barrier to trade between the Member States. |
5. |
Fifth plea in law, alleging that the amendments made to the MIP without a new notification having been made to the Commission since Notice SA.38271 are unlawful. |