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Case T-708/21: Order of the General Court of 1 February 2023 — NO v Commission (Action for failure to act — Infringement of EU law by certain Irish authorities — State aid — No invitation to act — Partial inadmissibility — Agreements, decisions and concerted practices — Abuse of dominant position — Adoption of a position by the Commission — No need to adjudicate in part)

ECLI:EU:UNKNOWN:62021TB0708

62021TB0708

February 1, 2023
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Official Journal of the European Union

C 104/33

(Case T-708/21) (*)

(Action for failure to act - Infringement of EU law by certain Irish authorities - State aid - No invitation to act - Partial inadmissibility - Agreements, decisions and concerted practices - Abuse of dominant position - Adoption of a position by the Commission - No need to adjudicate in part)

(2023/C 104/51)

Language of the case: English

Parties

Applicant: NO (represented by: E. Smartt, Solicitor)

Defendant: European Commission (represented by: I. Barcew, P. Caro de Sousa and L. Nicolae, acting as Agents)

Re:

By his action under Article 265 TFEU, the applicant asks the Court to declare that the European Commission unlawfully failed to define its position on his complaints submitted on 7 and 26 May 2020, his letter of 27 May 2021 and his letter of formal notice of 28 June 2021.

Operative part of the order

1.There is no longer any need to rule on the claim seeking a declaration that the European Commission failed to define its position on the complaints alleging infringement, in Ireland, of Articles 101 and 102 TFEU and Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles [101 and 102 TFEU].

2.The remainder of the action is dismissed as inadmissible.

3.NO shall pay the costs.

(*) Language of the case: English.

OJ C 84, 21.2.2022

ECLI:EU:C:2023:140

* * *

Language of the case: English.

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