EN

Official Journal of the European Union

C 138/62

(Case T-103/15)

(2015/C 138/81)

Language of the case: German

Parties

Applicant: Flabeg Deutschland GmbH (Nuremberg, Germany) (represented by: M. Küper and E.-M. Schwind, Rechtsanwälte)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the defendant’s decision of 25 November 2014 in State aid case SA.33995 (2013/C) (ex 2013/NN), file number C(2014) 8786 final, in particular Articles 1, 2, 3(1) and (2), 4 and 5 (determination of the classification as State aid and the incompatibility of the EEG-Act 2012 including its special compensation regime with the common market) and Article 6 in conjunction with Article 7 (order for the immediate partial recovery from the recipients);

—order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law:

1.First plea in law: Conditions of Article 107 TFEU are not met.

The applicant asserts that the EEG surcharge system and the special compensation regime of the EEG-Act 2012 already lack the classification as State aid within the meaning of Article 107(1) TFEU. In the event that a classification of the special compensation regime of the EEG-Act 2012 as State aid in this sense were to be affirmed, this would find its justification in Article 107(3)(b) and (c) TFEU (promotion of the execution of an important project of common European interest or the development of certain economic activities or areas without adversely affecting trading conditions contrary to the common interest) and would therefore not be contrary to State aid law.

2.Second plea in law: Inapplicability of the Environmental and Energy State Aid Guidelines (EEAG) relevant to the adjustment plan

The applicant asserts that the relevant EEAG with regard to the recovery amount pursuant to Article 3 of the Commission decision at issue, which apply from 1 July 2014, are, in the absence of the classification as State aid of the EEG surcharge system and special compensation regime of the EEG-Act 2012 instruments referred to and in the light of the principle of legality of administrative actions also applicable at EU level, not applicable to those instruments.