Action brought on 25 October 2021 — NJ v Commission

(Case T-693/21)

(2022/C 37/52)

Language of the case: English

Parties

Applicant: NJ (represented by: C. Maczkovics, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—	declare, in accordance with Article 265 TFEU, that the Commission unlawfully failed to act on its complaint of 19 April 2018 on State aid measure SA.50952(2018FC);

—	order the Commission to take a position on the complaint registered under number SA.50952(2018FC) without delay;

—

order the Commission to pay the whole costs, including those incurred by the applicant, even if, after the introduction of the present action, the Commission takes the measures that, according to the General Court, would make the action without object, or if the General Court rejects the application as inadmissible.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging that the Commission has violated its obligations under the Treaty on the Functioning of the European Union. In particular, it alleges the violation of Article 265 TFEU, as well as Article 12(1), second paragraph, of Regulation 2015/1589, (1) the requirement of diligent and impartial examination, the principle of sound administration and the principle of adoption of decisions in a reasonable time, because the Commission has not adopted any decision pursuant to Article 4(2), (3) or (4) of Regulation 2015/1589 more than three years and six months after the applicant lodged its complaint on State aid measure SA.50952(2018FC). The applicant argues that the Commission should have adopted such a decision within a period of twelve months, in conformity with its Code of Best Practice for the conduct of State aid control procedures, (2) or at least within a reasonable time.

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(1)  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 (OJ 2015 L 248, p. 9).

(2)  Code of Best Practice for the conduct of State aid control procedures (OJ 2009 C 136, p. 13).