# C_2015007EN.01003601.xml

| 12.1.2015 | EN | Official Journal of the European Union | C 7/36 |
| --- | --- | --- | --- |

12.1.2015

EN

Official Journal of the European Union

C 7/36

---

Action brought on 24 September 2014 — Hamr Sport v Commission

(Case T-693/14)

(2015/C 007/40)

Language of the case: Czech

Parties

Parties

Applicant: Hamr Sport a.s. (Prague, Czech Republic) (represented by: T. Capoušek, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare the Commission decision of 11 June 2014 (S.A.33575 — Non-profit sports facilities) invalid; |
| --- | --- |

—

declare the Commission decision of 11 June 2014 (S.A.33575 — Non-profit sports facilities) invalid;

| — | annul the contested decision of the European Commission; and |
| --- | --- |

—

annul the contested decision of the European Commission; and

| — | refer the case back to the European Commission for further investigation and the adoption of measures to remedy the situation described. |
| --- | --- |

—

refer the case back to the European Commission for further investigation and the adoption of measures to remedy the situation described.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on the following pleas in law.

| 1. | The contested decision is incorrect, because the defendant, in the proceedings which preceded the contested decision, did not properly respond to all of the applicant’s evidence and statements, and in particular as to whether the existence of unlawful State aid was proven. |
| --- | --- |

1.

The contested decision is incorrect, because the defendant, in the proceedings which preceded the contested decision, did not properly respond to all of the applicant’s evidence and statements, and in particular as to whether the existence of unlawful State aid was proven.

| 2. | The defendant may not rely, for the purposes of its conclusion in the contested decision, on the exception set out in Article 107(3)(c) TFEU, since the conditions and prior requirements for its application are not fulfilled. |
| --- | --- |

2.

The defendant may not rely, for the purposes of its conclusion in the contested decision, on the exception set out in Article 107(3)(c) TFEU, since the conditions and prior requirements for its application are not fulfilled.

| 3. | By reason of its legal personality (as a commercial company) the applicant does not have the right to participate in any procedure for the grant of subsidies provided by the Ministry of Education, Youth and Sports, even if it effectively operates on the same market as its competitors and supports the same target group of persons — the recipients (who are also identical in terms of the general/public interest). |
| --- | --- |

3.

By reason of its legal personality (as a commercial company) the applicant does not have the right to participate in any procedure for the grant of subsidies provided by the Ministry of Education, Youth and Sports, even if it effectively operates on the same market as its competitors and supports the same target group of persons — the recipients (who are also identical in terms of the general/public interest).

---