Action brought on 10 January 2014 – Czech Republic v Commission
(Case T-27/14)
Language of the case: Czech
Parties
Applicant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, Agents)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
Annul the European Commission’s call C(2013)7221 final of 4 November 2013 for the withdrawal of the decision of the Ministerstvo průmyslu a obchodu České republiky (Czech Ministry of Trade and Industry), which grants a derogation to the gas storage facilities in Dambořice from the national legislation implementing the provisions of Directive 2003/55/EC 1 on the rules for the access of third parties and
Order the European Commission to pay the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
First plea in law, alleging infringement of Article 266(1) TFEU
In this connection, the applicant submits that the Commission, by the adoption of the contested decision, proceeded in a manner directly contrary to the judgment in Case T-465/11 Globula v Commission [2013] ECR.
Second plea in law, alleging infringement of Article 22(4) of Directive 2003/55/EC
In this plea, the applicant submits that the Commission adopted the contested decision after the expiry of the time-limit set in Article 22(4) of Directive 2003/55/EC.
____________1 Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).