EN

Official Journal of the European Union

C 79/35

(Case T-18/21)

(2021/C 79/44)

Language of the case: Italian

Parties

Applicant: Be Smart Srl (Rome, Italy) (represented by: F. Satta, G. Roberti, A. Romano and I. Perego, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—declare that the Commission has failed to fulfil its obligations under Articles 107 and 108 TFEU, Article 41 of the Charter of Fundamental Rights of the European Union and Article 12(1) and Article 15(1) of Regulation (EU) No 2015/1589, by failing to take a decision under Article 4 of Regulation (EU) No 2015/1589, in particular to initiate proceedings pursuant to Article 108(2) TFEU, in connection with the complaint lodged by the applicant on 15 October 2014 (SA.39639);

—order the Commission to pay the costs.

Pleas in law and main arguments

The present action is based on Article 265 TFEU and seeks to obtain a declaration that the Commission unlawfully failed to take a position on the complaint lodged by Be Smart S.r.l. on 15 October 2014, registered under number SA.39639, concerning two unlawful State aid measures in favour of the Consorzio Interuniversitario Cineca.

In support of its action, the applicant claims that the Commission failed to fulfil its obligation to act, which arises under the provisions regarding unlawful State aid, by failing to take action after receiving the invitation to act and not adopting a position on the complaint lodged on 15 October 2014. It also failed to observe the fundamental principle of good administration laid down in Article 41 of the Charter of Fundamental Rights of the European Union.