Action brought on 15 May 2015 — Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo v Commission

(Case T-263/15)

Language of the case: Polish

Parties

Applicants: Gmina Miasto Gdynia (Gdynia, Poland) and Port Lotniczy Gdynia Kosakowo sp. z o. o. (Gdynia, Poland) (represented by: T. Koncewicz, K. Gruszecka-Spychała and M. Le Berre, lawyers)Defendant: European CommissionForm of order soughtannul and set aside in its entirety the decision of the European Commission of 26 February 2015 on measure SA.35388 (2013/C) (ex 2013/NN and ex 2012/N), Poland, ‘Setting up of Gdynia-Kosakowo Airport’;orde

uszecka-Spychała and M. Le Berr

e, lawyers)Defendant

: European CommissionForm of order soughtannul and set aside in its entirety the decision of the European Commission of 26 February 2015 on measure SA.35388 (2013/C) (ex 2013/NN

ommission to consider the relevant fac

tors and circumstances for the l

egal assessment of the investments in Port Lotniczy Gdynia Kosakowo.Third plea in law:E

xceeding by the Com

mission of the bounds of its discretion within the meaning of the case-law emphasising the obligations of the institution exercising discretion to explain both why certain items of evidence and facts are taken into consideration and why others are rejecte

d.Fourth plea in la

w:Breach of Article 107(1) TFEU in conjunction with a general principle of European law — the principle of legal certainty and good faith of the instituti

on towards subjects

of law, by its erroneous application and interpretation.Fifth plea in law:Infringement in the erroneous legal categorisation of facts and evidence, resulting in a breach by the contested decision of Article 107(1) TFEU, in finding that the conditions were not fulfilled in th

is case for regardin

g the operations at issue as satisfying the private investor test and that it had not been shown that the investment project would be carried out by a private investor, and consequently finding that the Gdynia Kosakowo investment

was unauthorised p

ublic aid.

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