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Case T-101/16: Action brought on 8 March 2016 — Klausner Holz Niedersachsen v Commission
ECLI:EU:UNKNOWN:62016TN0101
62016TN0101
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Valentina R., lawyer
25.4.2016
Official Journal of the European Union
C 145/35
(Case T-101/16)
(2016/C 145/43)
Language of the case: German
Parties
Applicant: Klausner Holz Niedersachsen GmbH (Saalburg-Ebersdorf, Germany) (represented by: D. Reich, C. Hipp and T. Ilgner, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—find that the defendant infringed Article 108 TFEU in conjunction with Article 15(1) of Council Regulation (EU) 2015/1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union by failing, following receipt of the applicant’s letter of 13 November 2015, to take the decision provided for in those provisions to close the preliminary examination procedures in cases SA.37113 and SA.375009 pursuant to Article 4 of that regulation;
—order the defendant to pay the costs of the proceedings, even if the action should serve no purpose by reason of the adoption of a measure by the European Commission in the course of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on a single plea in law by which it claims that the Commission failed to take, within a reasonable period, a decision closing the preliminary examination procedure pursuant to Article 4(2) to (4) of Regulation (EU) 2015/1589, (1) despite being called upon to act pursuant to the second paragraph of Article 265 TFEU.
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).