27.7.2020 |
EN |
Official Journal of the European Union |
C 247/28 |
Action brought on 21 May 2020 — Aquind and Others v Commission
(Case T-295/20)
(2020/C 247/38)
Language of the case: English
Parties
Applicants: Aquind Ltd (Wallsend, United Kingdom), Aquind SAS (Rouen, France), Aquind Energy (Luxembourg, Luxembourg) (represented by: S. Goldberg, Solicitor, E. White, lawyer, C. Davis and J. Bille, Solicitors)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
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annul the contested measure, that is the Delegated Regulation, insofar as it removes AQUIND Interconnector from the Union List; |
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in the alternative, annul the Delegated Regulation in its entirety; and |
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order the European Commission to pay the costs of the applicants in the present proceedings. |
Pleas in law and main arguments
In their application, the applicants ask the Court to annul Commission Delegated Regulation (EU) 2020/389 of 31 October 2019 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest (1).
In support of the action, the applicants rely on seven pleas in law.
1. |
First plea in law, alleging a failure to state reasons for the removal of AQUIND Interconnector from the Union list.
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2. |
Second plea in law, alleging an infringement of the procedural and substantive requirements under Regulation (EU) No 347/2013 (2) (the ‘TEN-E Regulation’) and in particular Article 5(8) thereof.
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3. |
Third plea in law, alleging an infringement of Article 10(1) of the Energy Charter Treaty.
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4. |
Fourth plea in law, alleging an infringement of the right to good administration under Article 41 of the Charter of Fundamental Rights of the European Union.
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5. |
Fifth plea in law, alleging an infringement of the Union law principle of equal treatment.
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6. |
Sixth plea in law, alleging an infringement of the Union law principle of proportionality.
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7. |
Seventh plea in law, alleging an infringement of the Union law principles of legal certainty and legitimate expectations.
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(2) Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ 2013 L 115, p. 39).