Official Journal of the European Union

EN

C series

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C/2024/4976

19.8.2024

(Case T-335/24)

(C/2024/4976)

Language of the case: Spanish

Parties

Applicant: Ferrocarriles de Gran Canaria, SA (Las Palmas, Spain) (represented by: J. Navas Marqués, lawyer)

Defendant: European Climate, Infrastructure and Environment Executive Agency (CINEA)

Form of order sought

The applicant claims that the Court should:

—annul the decision taken by CINEA on 3 May 2024 entitled ‘Project: 101175881 – 23-ES-TG-TREN GRAN CANARIA – CEF-T-2023-COREGEN’;

—order CINEA to declare admissible the applicant’s request for review of the admissibility/eligibility or evaluation of the proposal, to take account of the letter of support from the Spanish State submitted within the period allowed for redress (30 days), and to declare the applicant eligible to obtain the EU funds referred to in the CEF 2023 call for tenders;

—order CINEA to pay the costs of the present proceedings.

Pleas in law and main arguments

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

1.First plea in law, alleging breach of the principle of proportionality and of the guarantee to a fair and transparent process in so far as the existence of force majeure and the principle of protection of the outermost regions were not taken into account.

2.Second plea in law, alleging infringement of Article 11(2) and (6) of Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014 (OJ 2021 L 249, p. 38).

3.Third plea in law, based on the principle of sound administration, the principle of protection of legitimate expectations and the right to be heard.

4.Fourth plea in law, alleging failure to state reasons and to fulfil the obligation to provide reasons and clear information in the decisions taken.

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ELI: http://data.europa.eu/eli/C/2024/4976/oj

ISSN 1977-091X (electronic edition)

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