31.7.2017

EN

Official Journal of the European Union

C 249/29

(Case T-293/17)

(2017/C 249/45)

Language of the case: Polish

Parties

Applicant: Fakro sp z o.o. (Nowy Sącz, Poland) (represented by: A. Radkowiak-Macuda, legal adviser)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—find that the Commission has failed to fulfil its obligations under the TFEU and the Charter of Fundamental Rights by failing to take a position on the complaint brought before it by the applicant on 12 July 2012 concerning abuse of a dominant position by the VELUX group, notwithstanding the fact that it was formally called on to do so;

—order the Commission to pay the costs, even in the event that the case does not proceed to judgment in view of the adoption by the Commission of a decision during the judicial proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of Article 288 TFEU, read in conjunction with Articles 102 TFEU and 105 TFEU and with Article 41 of the Charter of Fundamental Rights.

The adoption, after three and a half years, of an initial, allegedly factual position in the procedure regarding the complaint lodged by the applicant does not constitute dealing with the case within a reasonable time. The Commission has not produced any evidence making it possible to determine that any action whatsoever was undertaken during the investigation procedure. Before adopting a decision, the Commission is required to carry out a thorough analysis of the matters of fact and of law put forward by the complainant. The proceedings initiated by the applicant constitute the only way in which it can safeguard its rights.