Action brought on 4 March 2013 - Alpiq RomIndustries and Alpiq RomEnergie v Commission

(Case T-129/13)

Language of the case: German

Parties

Applicants: Alpiq RomIndustries Srl (Bucharest, Romania) and Alpiq RomEnergie Srl (Bucharest) (represented by: H. Wollmann and F. Urlesberger, lawyers)

Defendant: European Commission

Form of order sought

Annul Commission Decision C(2012) 2542 final of 25 April 2012 (SA.33451; 2012/C; ex 2012/NN) pursuant to Article 264 TFEU, in so far as it concerns the applicants;

order the Commission to pay the applicants' costs pursuant to Article 87(2) of the Rules of Procedure.

Pleas in law and main arguments

In support of the action, the applicants submit, in essence, that the Commission lacks competence. In the applicants' view, the alleged aid does not fall within the scope ratione temporis of Articles 107 TFEU and 108 TFEU. Under Annex V to Romania's Act of Accession, the Commission is competent to examine aid measures put into effect prior to the date of Romania's accession only if those measures are still applicable after that date. The applicants submit in that context, inter alia, that Hidroelectrica's liabilities vis-à-vis the alleged recipients were already established so clearly in the power supply contracts concluded prior to accession that a subsequent expansion of Hidroelectrica's supply obligation that might have resulted in additional advantages had to be ruled out.

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