# C_2017249EN.01004402.xml

| 31.7.2017 | EN | Official Journal of the European Union | C 249/44 |
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31.7.2017

EN

Official Journal of the European Union

C 249/44

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Action brought on 5 June 2017 — Poland v Commission

(Case T-366/17)

(2017/C 249/60)

Language of the case: Polish

Parties

Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the European Commission of 23 March 2017 (notified under document C(2017) 1904 on 24 March 2017) refusing to make a financial contribution from the European Regional Development Fund to the major project ‘Starting production of a next-generation diesel engine by Volkswagen Motor Polska’, forming part of the Operational Programme ‘Innovative Economy’ and provided with structural aid within the framework of the ‘Convergence in Poland’ objective; |
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annul the decision of the European Commission of 23 March 2017 (notified under document C(2017) 1904 on 24 March 2017) refusing to make a financial contribution from the European Regional Development Fund to the major project ‘Starting production of a next-generation diesel engine by Volkswagen Motor Polska’, forming part of the Operational Programme ‘Innovative Economy’ and provided with structural aid within the framework of the ‘Convergence in Poland’ objective;

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

Pleas in law and main arguments

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

| 1. | First plea in law, alleging that the Commission erred in its assessment of the project ‘Starting production of a next-generation diesel engine by Volkswagen Motor Polska’ by deciding that, on account of its lack of innovation, that project is not guaranteed to be consistent with the priorities of the Operational Programme ‘Innovative Economy’ (Priority Axis IV of that programme), and that, consequently, it does not meet the requirements of Article 41(1) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (OJ 2006 L 210, p. 25). |
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1.

First plea in law, alleging that the Commission erred in its assessment of the project ‘Starting production of a next-generation diesel engine by Volkswagen Motor Polska’ by deciding that, on account of its lack of innovation, that project is not guaranteed to be consistent with the priorities of the Operational Programme ‘Innovative Economy’ (Priority Axis IV of that programme), and that, consequently, it does not meet the requirements of Article 41(1) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (OJ 2006 L 210, p. 25).

| 2. | Second plea in law, alleging that the Commission infringed Article 41(2) of Regulation No 1083/2006 through flagrant contravention of the project assessment deadline. |
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2.

Second plea in law, alleging that the Commission infringed Article 41(2) of Regulation No 1083/2006 through flagrant contravention of the project assessment deadline.

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