30.11.2020

EN

Official Journal of the European Union

C 414/45

(Case T-623/20)

(2020/C 414/67)

Language of the case: French

Parties

Applicants: Sun West (Saint-Allouestre, France), JB Solar (Saint-Allouestre), Azimut56 (Saint-Allouestre) (represented by: S. Manna, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul Commission decision SA.40349 (2020/MI2) B2/AD/MKL/D*2020/091023 of 28 July 2020, rejecting their complaint of 2 March 2020 concerning State aid to photovoltaic energy producers by the French State under the pricing decrees of 10 July 2006 and 12 January and 31 August 2010, on the ground that:

—the applicants must be classified as ‘interested parties’ within the meaning of Article 1(h) of Regulation (EU) 2015/1589, and that on that basis, under Article 24(2) of Regulation (EU) 2015/1589 they are entitled to submit a complaint to the Commission concerning illegal aid;

—the Commission is required to open a preliminary examination without undue delay in respect of any complaint concerning illegal aid, in accordance with Article 12(1) of Regulation (EU) 2015/1589;

—the Commission is required to ensure that the provisions of the TFEU relating to State aid are applied and cannot fail to act;

—the applicants used the standard form provided for by Article 33 of Regulation (EU) 2015/1589.

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 the infringement of Article 1(h) of Council Regulation (EU) 2015/1589 of 13 July 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, ‘Regulation 2015/1589’). The applicants argue in that regard that they have the status of ‘interested parties’.

2.Second plea in law, alleging the infringement of Article 24(2) of Regulation 2015/1589. The applicants submit that their complaint, having been submitted by an ‘interested party’, comes within the scope of that article.

3.Third plea in law, alleging the infringement of Article 12(1) of Regulation 2015/1589, on the ground that the Commission was required under that provision to open a preliminary examination without undue delay in respect of any complaint concerning illegal aid.

4.Fourth plea in law, alleging the infringement of Articles 107, 108 and 109 TFEU and of Regulation 2015/1589. The applicants submit that the Commission is required to ensure that the provisions of the Treaty on the Functioning of the European Union relating to State aid are applied and cannot fail to act in the examination of a complaint concerning illegal aid.

5.Fifth plea in law, alleging the infringement of Article 33 of Regulation 2015/1589. The applicants state in that regard that they used the standard form provided for by Article 33 of Regulation 2015/1589.