Official Journal of the European Union

C 223/13

(Case T-167/14)

2014/C 223/17

Language of the case: Danish

Parties

Applicant: Søndagsavisen A/S (Søborg, Denmark) (represented by: M. Honoré and C. Fornø)

Defendant: European Commission

Form of order sought

—Annul the Commission’s decision of 20 November 2013 not to raise objections to Denmark’s production and innovation aid for written media (SA.36366);

—order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, a competitor of the recipients of the aid, submits that the Commission ought to have found that there was doubt as to the compatibility of the reported measure with the internal market and that the Commission therefore ought to have adopted a decision to open the formal investigation procedure: see Article 108(2) TFEU and Article 4(4) of the procedural regulation. (<span class="super">1</span>) In failing to do so, the Commission has disregarded the applicant’s procedural rights under Article 108(2) TFEU.

In support of the argument that there was reasonable doubt as to the scheme’s compatibility with the internal market, the applicant relies on three pleas in law:

—the Commission failed entirely to examine whether the scheme was suitable for ensuring the expansion of news content provided to the Danish people, thereby supporting the democratic process;

—the contested decision in any event lacks a sufficient statement of reasons with regard to suitability; and

—the Commission failed to examine the competition-distorting effects of the scheme in the relationship between free newspapers and newspapers sold for money.

Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 108 of the treaty on the functioning of the European Union (OJ 1999 L 83, p. 1).