Official Journal of the European Union

C 155/55

(Case T-167/19)

(2019/C 155/65)

Language of the case: English

Parties

Applicants: Tempus Energy Germany GmbH (Berlin, Germany), T Energy Sweden AB (Göteborg, Sweden) (represented by: D. Fouquet and J. Derenne, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul the Commission’s decision dated 7 February 2018 relating to the planned Polish Capacity Mechanism (SA.46100, C(2018) 601 final) (1);

—order the Commission to bear its own costs and pay those incurred by the applicant.

Pleas in law and main arguments

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

1.First plea in law, alleging that, by failing to initiate the formal investigation procedure following the notification of the planned Polish capacity mechanism, the Commission violated Article 108(2) TFEU, Articles 4(4) and 6(1) of Regulation 2015/1589 (2), together with the principles of non-discrimination, proportionality and protection of legitimate expectations and made a wrong assessment of the facts. The Commission had not succeeded in overcoming the doubts that it must have encountered during the preliminary examination phase and this affected the applicants’ procedural rights.

2.Second plea in law, alleging that the Commission failed to provide adequate reasoning in the contested decision, in breach of Article 296 TFEU.

(1) OJ 2018, C 462, p. 1

(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 (codification), OJ L 248, 24.9.2015, p.9.