EN

Official Journal of the European Union

C 413/57

—

(Case T-648/19)

(2019/C 413/69)

Language of the case: English

Parties

Applicants: Nike European Operations Netherlands BV (Hilversum, Netherlands) and Converse Netherlands BV (Amsterdam, Netherlands) (represented by: R. Martens and D. Colgan, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul, in its entirety, the contested opening Decision, i.e. the Commission Decision of 10 January 2019 to initiate the formal investigation procedure in case State aid SA.51284 (2018/NN) – Netherlands – Possible State aid in favour of Nike (1); and

—order the Commission to pay all costs of the present proceedings.

Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.

1.First plea in law, alleging breach of Article 107(1) TFEU, Article 108(2) TFEU, Articles 1(d), 1(e) and 6(1) of Council Regulation (EU) 2015/1589 of 13 July 2015 (2) laying down detailed rules for the application of Article 108 TFEU, Articles 41(1) and 41(2) of the Charter of fundamental rights of the European Union, the principle of good administration and the principle of equal treatment, by erring in law in the preliminary assessment of the aid character of the contested measures.

2.Second plea in law, alleging breach of Articles 107(1), 108(2), 296(2) TFEU, Articles 41(1) and 41(2)(c) of the Charter of fundamental rights of the European Union and Article 6(1) of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 TFEU, by not providing sufficient reasons for finding that the contested measures fulfil all elements of State aid, especially why they should be regarded as selective.

3.Third plea in law, alleging breach of Article 296(2) TFEU, Articles 41(1) and 41(2)(c) of the Charter of Fundamental Rights of the European Union and Articles 6(1) and 7(1) of Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 TFEU, by prematurely opening a formal investigation and providing insufficient reasoning for the existence of State aid where there were no difficulties to continue the preliminary investigation.

—

(1) OJ 2019, C 226, p.31

(2) 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)

—