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Case T-490/24: Action brought on 20 September 2024 – Finnlines v Commission
ECLI:EU:UNKNOWN:62024TN0490
62024TN0490
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Official Journal of the European Union
EN
C series
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C/2024/6661
11.11.2024
(Case T-490/24)
(C/2024/6661)
Language of the case: English
Parties
Applicant: Finnlines Oyj (Helsinki, Finland) (represented by: F. Sciaudone and A. Neri, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the European Commission’s decision C(2024) 3536 final of 29 May 2024 on State Aid SA.58825 (2024/N) – Finland – COVID-19: Damage compensation to passenger car ferry operators; and
—order the European Commission to pay the costs.
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 Article 12(1) of Regulation (EU) 2015/1589 of 13 July 2015, (1) of Article 41(1) of the Charter of Fundamental Rights of the EU, of the principle of sound administration, and of the rights of defence, insofar as the Commission has unduly delayed the preliminary examination of the State aid measure complained of, the duration of the procedure before the Commission was excessive, and the complainant could not exercise his rights during the formal investigation procedure.
2.Second plea in law, alleging breach of the procedural rights arising under Article 108(2) TFEU, inasmuch as the Commission failed to initiate the formal investigation procedure, despite the serious difficulties encountered in the assessment of the measure.
3.Third plea in law, alleging breach of Article 108(3) TFEU, inasmuch as the Commission failed to establish that the measure complained of constitutes unlawful aid and to order recovery thereof.
4.Fourth plea in law, alleging breach of Article 107(2)(b) TFEU and manifest error of assessment of the facts, breach of the principles of proportionality and non-discrimination.
*
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 (codification) (OJ 2015 L 248, p. 9).
ELI: http://data.europa.eu/eli/C/2024/6661/oj
ISSN 1977-091X (electronic edition)
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