Official Journal of the European Union

C 431/30

(Case T-670/14)

(2014/C 431/53)

Language of the case: German

Parties

Applicants: Milchindustrie-Verband e.V. (Berlin, Germany), Deutscher Raiffeisenverband e.V. (Berlin) (represented by: I. Zenke and T. Heymann, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—Annul the defendant’s Communication 2014/C 200/01 of 28 June 2014 on the Guidelines on State aid for environmental protection and energy 2014-2020, in so far as the dairy processing industry (NACE 10.51) is not mentioned in Annex 3 although it satisfies the criteria set out in Section 3.7.2 of the guidelines;

—Order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging a misuse of powers due to a manifest error of assessment in the choice of the reference period

—In this connection, the applicants submit that, in establishing the Guidelines on State aid for environmental protection and energy 2014-2020, the defendant infringed elementary principles relating to the exercise of discretion by relying on obsolete data in calculating the trade intensity of the industries, although new data was available.

2.Second plea in law, alleging a misuse of powers due to an insufficient examination of the factual situation

—The applicants submit that the defendant also misused its powers because it did not, in calculating the trade intensity, identify and take into account all of the products that are actually produced by the dairy industry. That results in a distorted presentation of the competitive position.

3.Third plea in law, alleging infringement of essential procedural requirements

—The applicants further submit that, in classifying the economic sectors under Annex 3 or 5 of the guidelines on State aid, the defendant infringes Article 296 TFEU because it does not state anywhere how and on the basis of what data the criterion of trade intensity is calculated and determined. As a result the parties concerned are prevented from effectively exercising their rights.

Communication from the Commission — Guidelines on State aid for environmental protection and energy 2014-2020 (OJ 2014 C 200, p. 1).