CELEX: 62019TN0850
Language: en
Date: 2019-12-13 00:00:00
Title: Case T-850/19: Action brought on 13 December 2019 — Hellenic Republic v Commission

2.3.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 68/43
            
         
      Action brought on 13 December 2019 — Hellenic Republic v Commission
      (Case T-850/19)
      (2020/C 68/52)
      Language of the case: Greek
      
         Parties
      
      
         Applicant: Hellenic Republic (represented by: E. Tsaousi, E. Leftheriotou and A. Vasilopoulou)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  annul European Commission Implementing Decision C(2019) 7094 final of 7 October 2019 on measures SA.39119 (2016/C) (ex 2015/NN) (ex 2014/CP) implemented by the Hellenic Republic in the form of interest subsidies and guarantees, linked to the fires of 2007, which concerns only the agricultural sector; and
               
            
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                  order the defendant to pay the costs.
               
            
         Pleas in law and main arguments
      
      The applicant raises three pleas in law supporting its claim for annulment.
      
                  1.
               
               
                  First plea in law, alleging that there is no State aid within the meaning of Article 107(1) TFEU: misapplication and misinterpretation of the conditions under which the State aid is incompatible with the internal market, error of fact, failure to state reasons for the contested decision and infringement by the Commission of the principle of the protection of legitimate expectations.
               
            
                  2.
               
               
                  Second plea in law, alleging that the aid at issue is compatible with the internal market since it constitutes aid to make good the damage caused by natural disasters. Misapplication and misinterpretation of Article 107(2)(b) TFEU, error of fact and failure to state reasons
               
            
                  3.
               
               
                  Third plea in law, based on the fact that the contested decision was adopted outside the scope of Commission’s competence ratione temporis, as defined by Article 17 of Regulation 2015/1589, (1) and previously by Article 15 of Regulation 659/1999, (2) and in any event, in breach of the principles of legal certainty, of adjudication within a reasonable period, of the rights of defence and of sound administration. The call for repayment is contrary to the principles of proportionality and legal certainty.
               
            
         (1)  Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9)
      
         (2)  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).