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Case T-190/18: Action brought on 15 March 2018 — Solwindet las Lomas v Commission
ECLI:EU:UNKNOWN:62018TN0190
62018TN0190
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4.6.2018
EN
Official Journal of the European Union
C 190/33
(Case T-190/18)
(2018/C 190/56)
Language of the case: English
Parties
Applicant: Solwindet las Lomas, SL (Girona, Spain) (represented by: L. Sandberg-Mørch, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul European Commission Decision of 10 November 2017 in State aid case SA.40348 (2015/NN) — Spain — Support for electricity generation from renewable energy sources, cogeneration and waste; (1)
—order the Commission to pay the applicant’s costs.
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1.First plea in law, alleging that the Commission infringed its obligation to initiate the formal investigation procedure. The applicant alleges that there is evidence of serious difficulties relating to the length and the circumstances of the preliminary investigation procedure.
2.Second plea in law, alleging that the Commission erred in law and committed a manifest error of assessment regarding the assessment of payments received by existing facilities under the previous scheme.
3.Third plea in law, alleging that the Commission failed to fulfil its duty to state reasons regarding the alleged existence of aid in relation to the payments received by existing facilities under the previous scheme.
(1) OJ 2017 C 442, p. 1.