# C_2016243EN.01003501.xml

| 4.7.2016 | EN | Official Journal of the European Union | C 243/35 |
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4.7.2016

EN

Official Journal of the European Union

C 243/35

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Action brought on 19 April 2016 — Guardian Glass España, Central Vidriera v Commission

(Case T-170/16)

(2016/C 243/38)

Language of the case: Spanish

Parties

Parties

Applicant: Guardian Glass España, Central Vidriera, S.L. (Llodio, Spain) (represented by: M. Araujo Boyd, D. Armesto Macías and A. Lamadrid de Pablo, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the General Court should:

| — | admit the application and the grounds for annulment set out therein; |
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admit the application and the grounds for annulment set out therein;

| — | uphold the grounds for annulment set out in the application and, accordingly, annul the contested decision; |
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uphold the grounds for annulment set out in the application and, accordingly, annul the contested decision;

| — | order the initiation of a formal procedure as set out in Article 108(2) TFEU so that the applicant may exercise its procedural rights and the Commission may formally resolve, in accordance with the law, its doubts regarding the compatibility of the aid in question; |
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order the initiation of a formal procedure as set out in Article 108(2) TFEU so that the applicant may exercise its procedural rights and the Commission may formally resolve, in accordance with the law, its doubts regarding the compatibility of the aid in question;

| — | order the Commission to pay the costs. |
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order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The present action is directed against the decision of the European Commission refusing to declare compatible certain aids received by Guardian which was notifed to the Spanish authorities by a letter from the Commission dated 15 July 2015, entitled ‘Tax matters in the Basque Country (Álava) — Informal communication regarding additional submissions in connection to compatibility with the 1998 guidelines on national regional aid’, and notified to the applicant by the Spanish authorities on 19 February 2016.

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

| 1. | First plea in law.
  By its main plea the applicant submits that in adopting a decision declaring an individual aid award to be incompatible with the internal market, the Commission infringed Article 250 TFEU and the principle of collegiality in so far as that decision was not adopted by the College of Commissioners, as well as infringing Article 108(2) TFEU and Articles 4 and 13 of Regulation No 659/1999, (1) in so far as it failed to initiate the formal procedure prior to the adoption of that decision. |
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1.

First plea in law.

By its main plea the applicant submits that in adopting a decision declaring an individual aid award to be incompatible with the internal market, the Commission infringed Article 250 TFEU and the principle of collegiality in so far as that decision was not adopted by the College of Commissioners, as well as infringing Article 108(2) TFEU and Articles 4 and 13 of Regulation No 659/1999, (1) in so far as it failed to initiate the formal procedure prior to the adoption of that decision.

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| 2. | Second plea in law.
  By its second plea, relied on in the alternative, the applicant alleges infringement of Article 107(3) TFEU in so far as the Commission decision erred in assessing the compatibility of the aid with the internal market. |
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2.

Second plea in law.

By its second plea, relied on in the alternative, the applicant alleges infringement of Article 107(3) TFEU in so far as the Commission decision erred in assessing the compatibility of the aid with the internal market.

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(1)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1).

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