CELEX: 62015TN0242
Language: en
Date: 2015-05-18 00:00:00
Title: Case T-242/15: Action brought on 18 May 2015 — ACDA and Others v Commission

20.7.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 236/45
            
         Action brought on 18 May 2015 — ACDA and Others v Commission
   (Case T-242/15)
   (2015/C 236/61)
   Language of the case: French
   
      Parties
   
   
      Applicants: Automobile Club des Avocats — ACDA (Paris, France); Organisation des Transporteurs Routiers Européens — OTRE (Bordeaux, France); Fédération française des motards en colère — FFMC (Paris); Fédération française de motocyclisme (Paris); and Union nationale des automobile clubs (Paris) (represented by: M. Lesage, lawyer)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicants claim that the Court should:
   
               —
            
            
               declare their action admissible;
            
         
               —
            
            
               annul Commission Notice SA.38271 of 28 October 2014 on State Aid SA.2014/N 38271, linked to the Plan for Investment in Motorways in France, published on 20 February 2015 in the Official Journal of the European Union (OJEU).
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicants rely on five pleas in law.
   
               1.
            
            
               First plea in law, alleging that the French motorway investment plan (‘MIP’) would have the effect of granting a benefit specifically to concession-holding companies operating motorways, with the assistance of public funds.
            
         
               2.
            
            
               Second plea in law, alleging that the MIP would affect competition.
            
         
               3.
            
            
               Third plea in law, alleging overcompensation for the expenditure incurred by concession-holding companies operating motorways, which is inconsistent with the task of general economic interest with which they are entrusted.
            
         
               4.
            
            
               Fourth plea in law, alleging a barrier to trade between the Member States.
            
         
               5.
            
            
               Fifth plea in law, alleging that the amendments made to the MIP without a new notification having been made to the Commission since Notice SA.38271 are unlawful.