Action brought on 22 July 2011 - Nitrogénművek Vegyipari v Commission

(Case T-387/11)

Language of the case: English

Parties

Applicant: Nitrogénművek Vegyipari Zrt. (Pétfürdő, Republic of Hungary) (represented by: Z. Tamás and M. Le Berre, lawyers)

Defendant: European Commission

Form of order sought

Annul the contested Commission Decision of 27 October 2010 on State aid C14/09 (ex NN 17/09) granted by Hungary to Péti Nitrogénművek Zrt. (notified under document C(2010) 7274); and

Order the Commission to pay its own costs and those incurred by the applicant.

Pleas in law and main arguments

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

First plea in law, alleging

the Commission's failure to apply the market transaction principle;

Second plea in law, alleging

that the contested decision was issued in violation of Article 107(1) TFEU;

Third plea in law, alleging

that the contested decision was issued in violation of Article 41(2)(c) of the Charter of fundamental rights of the European Union and Article 296 TFEU;

Fourth plea in law, alleging

that the contested decision was issued in violation of Article 41(1) of the Charter of fundamental rights of the European Union;

Fifth plea in law, alleging

that the contested decision was issued in violation of principle of the protection of legitimate expectations;

Sixth plea in law (as alternative to the first and second pleas), alleging

that the contested decision was issued in violation of Article 107(3)(b)TFEU.

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