19.3.2018 |
EN |
Official Journal of the European Union |
C 104/43 |
Action brought on 12 January 2018 — Eesti Apteekide Ühendus v Commission
(Case T-10/18)
(2018/C 104/56)
Language of the case: English
Parties
Applicant: Eesti Apteekide Ühendus MTÜ (Laagri, Estonia) (represented by: K. Paas-Mohando, and I. Kangur, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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annul Commission decision SA.42028 (2017/NN) adopted on 23 October 2017; (1) |
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order the Commission to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1. |
First plea in law, alleging that the Estonian Pharmacies Association has the legal standing to bring an action for annulment of Commission decision SA.42028 (2017/NN).
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2. |
Second plea in law, alleging that the Commission was under the obligation to initiate a formal investigation procedure pursuant to Article 108(2) TFEU by virtue of the serious difficulties test. The Commission’s serious difficulties in adopting the contested decision and thus the violation of the procedural safeguards provided by Article 108(2) TFEU are apparent from the following:
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(2) Judgment of 24 March 1993, Comité International de la Rayonne et des Fibres Synthétiques and others v Commission, C-313/90, EU: C:1993:111.
(3) Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (Text with EEA relevance) (OJ 2015 L 248, p. 9).