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Case T-24/19: Action brought on 11 January 2019 — INC and Consorzio Stabile Sis v Commission
ECLI:EU:UNKNOWN:62019TN0024
62019TN0024
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Official Journal of the European Union
C 93/73
(Case T-24/19)
(2019/C 93/94)
Language of the case: English
Parties
Applicants: INC SpA (Turin, Italy) and Consorzio Stabile Sis SCpA (Turin) (represented by: H.-G. Kamann, F. Louis and G. Tzifa, lawyers)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
—annul Commission decision C(2018) 2435 final of 27 April 2018 in Cases SA. 49335 (2017/N) and SA.49336 (2017/N); (1)
—order the Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicants rely on one plea in law for each of the two separate instances of alleged State aid.
1.Plea in law in respect of Case SA.49336 (2017/N), alleging that, by adopting the contested decision, the Commission failed to open the formal investigation procedure provided for in Article 108(2) TFEU and Articles 4(4) and 6 of Regulation (EU) 2015/1589, (2) despite the existence of serious difficulties encountered during the preliminary examination procedure as regards the compatibility of the notified individual State aid in relation to an Italian toll motorway operator (Autostrade per l'Italia SpA) with the internal market. The applicants allege that the Commission thereby breached Article 108(3) TFEU and Article 4(3) of Regulation 2015/1589.
2.Plea in law in respect of Case SA.49335 (2017/N), alleging that, by adopting the contested decision, the Commission failed to open the formal investigation procedure provided for in Article 108(2) TFEU and Articles 4(4) and 6 of Regulation (EU) 2015/1589, despite the existence of serious difficulties encountered during the preliminary examination procedure as regards the compatibility of the notified individual State aid in relation to a second Italian toll motorway operator (Società Iniziative Autostradali e Servizi Spa) with the internal market. The applicants allege that the Commission thereby breached Article 108(3) TFEU and Article 4(3) of Regulation (EU) 2015/1589.
(1) OJ 2018 C 379, p. 3.
(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 (OJ 2015 L 248, p. 9).