31.8.2013

Official Journal of the European Union

C 252/37

(Case T-338/13)

2013/C 252/62

Language of the case: English

Parties

Applicant: Energa Power Trading Promitheias kai Emporias Energeias AE (Athens, Greece) (represented by: S. Pappas, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—Declare and rule that the Commission has failed to fulfill its obligations under the Treaty, since, despite having been formally requested to do so, it failed to define its position on the complaint lodged on 9 December 2010, concerning State aid which the Greek authorities unlawfully granted to DEI; and

—Order that the Commission bear the costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging that the Commission has failed to act in relation to the alleged illegal State aid granted in favour of DEI.

By omitting to take a position — positive or negative — on the applicant’s complaint alleging illegal state aid granted in favour of DEI despite the submission of a formal notice for after a period of more than 28 months (and at any rate more than 26 months), the Commission has failed to close the preliminary investigation within reasonable time. To the extent that the aforementioned delay may not justified by reference to any exceptional circumstances the Commission has failed to act despite its respective exclusive competence, thus contravening the relate provisions of the Treaty (namely, Articles 106, 107 and 265 TFEU) and Council Regulation No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty.