17.8.2020

EN

Official Journal of the European Union

C 271/40

(Case T-347/20)

(2020/C 271/51)

Language of the case: Greek

Parties

Applicant: Sogia Ellas AE (Athens, Greece) (represented by: P. Bernitsas, M. Androulakaki, A. Patsalia and E. Kalogiannis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—declare the action admissible;

—annul the decision in its entirety or, in the alternative, in so far as it concerns the applicant; (1)

—in the alternative, annul Article 2 of the decision in so far as it requires the recovery of the amounts of aid at issue in total or, in the alternative, in so far as it concerns the applicant; and

—order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

1.First plea in law, alleging misinterpretation and lack of reasoning on the part of the Commission concerning the existence of State aid: the criteria of economic advantage, selectivity and distortion of competition are not met.

2.Second plea in law, claiming that the contested measures constitute compatible aid within the meaning of Article 107(2)(b) TFEU.

3.Third plea in law, alleging infringement of the principles of sound administration, of the right to be heard and of the obligation to state reasons for the decision, and infringement of Article 41 of the Charter of Fundamental Rights of the European Union.

4.Fourth plea in law, alleging infringement of Article 14(1) of Regulation (EC) No 659/1999 (2) and Article 16(1) of Regulation (EU) 2015/1589, (3) and that the decision was adopted in breach of the principles of legal certainty and legitimate expectations.

5.Fifth plea in law, alleging that the decision was adopted in breach of the principle of proportionality.

* Commission Decision (EU) 2020/394 of 7 October 2019 concerning the measures SA.39119 (2016/C) (ex 2015/NN) (ex 2014/CP) implemented by the Hellenic Republic in the form of interest subsidies and guarantees linked to the fires of 2007 (notified under document C(2019) 7094) (OJ 2020 L 76, p. 4)

* Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1).

* 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).