Action brought on 28 November 2018 — Wacker Chemie v Commission

(Case T-704/18)

(2019/C 35/37)

Language of the case: German

Parties

Applicant: Wacker Chemie AG (Munich, Germany) (represented by: M. Kachel and D. Fouquet, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—

annul the defendant’s Decision SA.34045 (2013/C) (ex 2012/NN) of 28 May 2018 relating to Ref. C(2018) 3166 insofar as it orders that, in respect of the years 2012 and 2013, baseload consumers with at least 7 000 hours of full use per year repay more than 20 % of published network charges, baseload consumers with at least 7 500 hours of full use per year repay more than 15 % of published network charges and baseload consumers with at least 8 000 hours of full use per year repay more than 10 % of published network charges;

—	in the alternative, annul in full the defendant’s Decision SA.34045 (2013/C) (ex 2012/NN) of 28 May 2018 relating to Ref. C(2018) 3166 in respect of the years 2012 and 2013;

—	order the defendant to pay the costs, including lawyers’ fees and travel expenses.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law which are, in essence, either identical or similar to the pleas in law relied on in Case T-693/18, ZY v Commission.