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Case T-566/19: Action brought on 17 August 2019 – Scandlines Danmark and Scandlines Deutschland v Commission
ECLI:EU:UNKNOWN:62019TN0566
62019TN0566
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14.10.2019
EN
Official Journal of the European Union
C 348/17
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(Case T-566/19)
(2019/C 348/17)
Language of the case: English
Parties
Applicants: Scandlines Danmark ApS (Copenhagen, Denmark), Scandlines Deutschland GmbH (Hamburg, Germany) (represented by: L. Sandberg-Mørch, lawyer)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
—annul the decision of the European Commission of 22 July 2019 which partially rejected the applicants’ request for an extension – until 5 September 2019 or until the end of August 2019 – of the deadline for submitting comments in the context of the formal investigation procedure in case SA. 39078 (2019/C) (ex 2014/N) – Financing of the Fehmarn Belt Fixed Link project;
—order the Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicants rely on two pleas in law.
1.First plea in law, alleging that the Commission violated its obligation to motivate its decision not to grant an extension of the deadline in question until 5 September 2019 or 31 August 2019, as the contested decision contains no reasoning supporting this rejection, or, in any case, entails insufficient reasoning.
2.Second plea in law, alleging that the Commission infringed Article 6(1) of the Procedural Regulation, (*) and thereby also the applicants’ right as interested parties to effectively participate in the formal investigation procedure regarding State aid case SA.39078, since the application was duly justified, well-founded and proportionate.
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).
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