CELEX: 62014TN0693
Language: en
Date: 2014-09-24 00:00:00
Title: Case T-693/14: Action brought on 24 September 2014  — Hamr Sport v Commission

12.1.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 7/36
            
         Action brought on 24 September 2014 — Hamr Sport v Commission
   (Case T-693/14)
   (2015/C 007/40)
   Language of the case: Czech
   
      Parties
   
   
      Applicant: Hamr Sport a.s. (Prague, Czech Republic) (represented by: T. Capoušek, lawyer)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               declare the Commission decision of 11 June 2014 (S.A.33575 — Non-profit sports facilities) invalid;
            
         
               —
            
            
               annul the contested decision of the European Commission; and
            
         
               —
            
            
               refer the case back to the European Commission for further investigation and the adoption of measures to remedy the situation described.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on the following pleas in law.
   
               1.
            
            
               The contested decision is incorrect, because the defendant, in the proceedings which preceded the contested decision, did not properly respond to all of the applicant’s evidence and statements, and in particular as to whether the existence of unlawful State aid was proven.
            
         
               2.
            
            
               The defendant may not rely, for the purposes of its conclusion in the contested decision, on the exception set out in Article 107(3)(c) TFEU, since the conditions and prior requirements for its application are not fulfilled.
            
         
               3.
            
            
               By reason of its legal personality (as a commercial company) the applicant does not have the right to participate in any procedure for the grant of subsidies provided by the Ministry of Education, Youth and Sports, even if it effectively operates on the same market as its competitors and supports the same target group of persons — the recipients (who are also identical in terms of the general/public interest).