(Case C-332/18 P)

Language of the case: Greek

Parties

Appellant: Mytilinaios Anonymos Etairia — Omilos Epicheiriseon (represented by: N. Korogiannakis, N. Keramidas, E. Chrysafis and D. Diakopoulos, dikigoroi, and K. Struckmann, Rechtsanwalt)

Other parties to the proceedings: European Commission, Dimosia Epicheirisi Ilektrismou AE (DEI)

Form of order sought

By the present action, Mytilinaios Anonymos Etairia — Omilos Epicheiriseon claims that the Court should:

—set aside the judgment of the General Court (Fifth Chamber) of 13 March 2018 in Case Τ-542/11 RENV (ECLI:EU:T:2018:132);

—decide the case itself;

—annul the Commission decision of 13 July 2011; and

—order the European Commission to pay the appellant’s costs in respect of the entire proceedings.

Grounds of appeal and main arguments

The appellant puts forward three grounds of appeal:

1.Errors of law and distortion of the facts in the context of the General Court’s assessment as to whether the measure at issue constituted State aid, and in particular relating to whether the measure constituted an ‘advantage’, to the assessment of the advantage, to the refusal to examine the issue of economic justification and to the incorrect application of the burden of proof since the Hellenic Republic did not put forward such arguments in the administrative procedure, and an error of law relating to the treatment of the appellant’s arguments as regards the ‘private investor test’.

2.Error of law as regards the assessment of the selectivity of the advantage.

3.Errors of law and distortion of the clear sense of the evidence as regards the effects of the measure at issue on trade and competition.