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Case T-582/23: Action brought on 25 September 2023 — Communauté d’Agglomération du Boulonnais v Commission
ECLI:EU:UNKNOWN:62023TN0582
62023TN0582
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Official Journal of the European Union
EN
Series C
C/2023/666
13.11.2023
(Case T-582/23)
(C/2023/666)
Language of the case: French
Parties
Applicant: Communauté d’Agglomération du Boulonnais (Boulogne-sur-Mer, France) (represented by: P. Schiele, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—declare that this application is admissible and well-founded;
—annul the Commission’s decision contained in the letter COMP/GK/DC* (2023)7641240, dated 18 July 2023 and addressed to the applicant, in which the Commission considers that the applicant is not an interested party, refuses to examine the complaint as a formal complaint, and only agrees to record the information provided as general information relating to the market;
—order the Commission to pay all costs.
Pleas in law and main arguments
In support of the action, the applicant relies on one plea in law, which is divided into two parts.
1.The first part of the plea in law, alleging a breach of Article 108(2) TFEU and of Article 1(h) of Regulation 2015/1589 (1) on the ground that the Commission considered that the applicant did not have the status of an interested party. The applicant claims that the Commission erred in law when it asserted that an adverse effect on financial interests is not, in light of the Court’s case-law, sufficient to have the status of an interested party.
2.The second part of the plea in law concerns the breach of Article 108(2) TFEU and Articles 12(1) and 24(2) of Regulation 2015/1589. The applicant claims that by refusing to grant the applicant the status of an ‘interested party’, the Commission erred in assessing the admissibility of the complaint by considering that it cannot constitute a formal complaint for the purposes of Article 24(2).
Council Regulation (EU) 2015/1589 of 13 July 2015 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).
ELI: http://data.europa.eu/eli/C/2023/666/oj
ISSN 1977-091X (electronic edition)
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