CELEX: 62016TN0832
Language: en
Date: 2016-11-25 00:00:00
Title: Case T-832/16: Action brought on 25 November 2016 — Celio International v Commission

30.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 30/52
            
         Action brought on 25 November 2016 — Celio International v Commission
   (Case T-832/16)
   (2017/C 030/60)
   Language of the case: English
   
      Parties
   
   
      Applicant: Celio International SA (Brussels, Belgium) (represented by: H. Gilliams and J. Bocken, lawyers)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               annul the Commission’s decision of 11 January 2016 on the excess profit exemption state aid scheme SA.37667 (2015/C) (ex 2015/NN) implemented by the Kingdom of Belgium (1);
            
         
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               in the alternative, annul Articles 2-4 of the Decision;
            
         
               —
            
            
               in any event, annul Articles 2-4 of that Decision in so far as these Articles (a) require recovery from entities other than the entities that have been issued an ‘excess profit ruling’ as defined in the Decision and (b) require the recovery of an amount equal to the beneficiary’s tax savings, without allowing Belgium to take into account an actual upwards adjustment by another tax administration; and
            
         
               —
            
            
               order the Commission to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on four pleas in law.
   
               1.
            
            
               First plea in law, alleging manifest error of assessment, excess of power and failure to provide adequate reasons in so far as the decision alleges the existence of an aid scheme.
            
         
               2.
            
            
               Second plea in law, alleging violation of Article 107 TFEU and of the duty to state reasons and manifest error of assessment in so far as the decision qualifies the purported scheme as granting a selective advantage.
            
         
               3.
            
            
               Third plea in law, alleging violation of Article 107 TFEU and of the duty to state reasons and manifest error of assessment in so far as the decision asserts that the purported scheme gives rise to an advantage.
            
         
               4.
            
            
               Fourth plea in law, in the alternative alleging violation of Article 107 TFEU, infringement of legitimate expectations and of the proportionality principle, manifest error of assessment, excess of power and failure to provide adequate reasons in so far as the decision orders Belgium to recover aid.
            
         
      (1)  Commission Decision (EU) 2016/1699 of 11 January 2016 on the excess profit exemption State aid scheme SA.37667 (2015/C) (ex 2015/NN) implemented by Belgium (notified under document C(2015) 9837) (OJ L 260, 2016, p. 61)