CELEX: 62021TN0708
Language: en
Date: 2021-10-27 00:00:00
Title: Case T-708/21: Action brought on 27 October 2021 — NO v Commission

21.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 84/40
            
         
      Action brought on 27 October 2021 — NO v Commission
      (Case T-708/21)
      (2022/C 84/57)
      Language of the case: English
      
         Parties
      
      
         Applicant: NO (represented by: E. Smartt, Solicitor)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  declare that the Commission failed to act, in breach of its obligations under Article 265 of the Treaty on the Functioning of the European Union, in that it did not define its position in response to the applicant’s complaints on, inter alia, State Aid by Ireland;
               
            
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                  order the Commission to bear its costs, and;
               
            
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                  order the applicant’s costs to be reimbursed.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on the following plea in law:
      In accordance with Article 265 of the Treaty on the Functioning of the European Union the Commission was obliged to define its position in response to the applicant’s complaints on, inter alia, State Aid by Ireland, on or before the expiry of a reasonable period since the applicant’s complaints. In connection with the failure to act within a reasonable period, the applicant called on the Commission to act, by letter of 28 June 2021. In reply to the applicant’s call to act, the Commission failed to define its position within the prescribed period following the applicant’s call to act.
      Considering that under these circumstances the Commission’s failure to define its position is beyond dispute, the applicant brought the present action for failure to act under Article 265 TFEU.