26.7.2021

EN

Official Journal of the European Union

C 297/48

(Case T-321/21)

(2021/C 297/60)

Language of the case: English

Parties

Applicant: Lietuvos geležinkeliai AB (Vilnius, Lithuania) (represented by: R. Zaščiurinskaitė, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—declare the application admissible;

—order the European Commission to pay AB Lietuvos geležinkeliai compensation of EUR 850 565,76, corresponding default interest at the rate set by the European Central Bank for its principal refinancing operations, plus 3.5 percentage points, on the amount of EUR 7 804 350 for the period from 5 January 2018 until 29 January 2021;

—order the European Commission to pay AB Lietuvos geležinkeliai default interest at the rate set by the European Central Bank for its principal refinancing operations, plus 3.5 percentage points, on the amount of EUR 850 565,76 for the period from 30 January 2021 until the date of actual payment of the principal amount;

—pursuant to Article 263 TFEU, annul the European Commission decisions of 26 April 2021 and 16 May 2021;

—order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.First plea in law, alleging violation of first paragraph of Article 266 TFEU: the European Commission had erred in fulfilling its absolute and unconditional obligation to pay default interest after the reduction of a fine imposed by the Commission, which was provisionally paid by the applicant.

2.Second plea in law, alleging that breach of the first paragraph of Article 266 TFEU rendered the European Union non-contractually liable pursuant to the second paragraph of Article 266 TFEU, read in conjunction with the second paragraph of Article 340 TFEU.

3.Third plea in law, alleging infringement of Article 41(3) of the Charter of Fundamental Rights and the second paragraph of Article 340 TFEU. The applicant alleges that a person must be able to seek compensation not only for actual loss but also for loss of profit and interest.

4.Forth plea in law, alleging violation of Article 47 of the Charter of Fundamental Rights since judicial protection under Article 263 TFEU is not effective if the undertaking concerned is unable to obtain interest on an unduly paid fine after a Court reduces a fine for infringement of European Union competition rules.

5.Fifth plea in law, alleging infringement of Articles 266, 340 TFEU, Articles 41(3), 47 of the Charter of Fundamental Rights, by the decision of 26 April 2021 (1) and 16 May 2021 (2) by which the Commission refused to pay default interest.

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Email from the Commission to the applicant of 26 April 2021, subject: RE: Case AT.39813 — Baltic Rail

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Email from the Commission to the applicant of 16 May 2021, subject: RE: Case AT.39813 — Baltic Rail, confirming position expressed in the email of 26 April 2021.