Action brought on 20 May 2011 - Ellinikos Chrysos v Commission

(Case T-262/11)

Language of the case: English

Parties

Applicant: Ellinikos Chrysos AE (Kifissia, Greece) (represented by: K. Adamantopoulos, E. Petritsi, E. Trova and P. Skouris, lawyers)

Defendant: European Commission

Form of order sought

Annul European Commission's Decision of 23 February 2011 in case C 48/2008 (ex NN 61/2008), regarding State aid which Greece has implemented in favour of Ellinikos Xryssos, in particular Articles 1 to 5 thereof; and

Order the defendant to bear the costs occasioned by the applicant in the course of the present proceedings.

Pleas in law and main arguments

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

First plea in law, alleging that the Commission committed several manifest errors in establishing and assessing the underlying facts of the case that materially affected the Commission's application and interpretation of the condition of the existence of an economic advantage to Ellinikos Xryssos, pursuant to Article 107(1) TFEU.

Second plea in law, alleging that the Commission committed manifest errors in law in its application and interpretation of the State aid definition element relating to the existence of an economic advantage, pursuant to Article 107(1) TFEU, as the Commission erroneously applied, or misapplied, the relevant market economy investor principle.

Third plea in law, alleging that the Commission committed several manifest errors in law in its application and interpretation of the condition of the existence of an economic advantage, pursuant to Article 107(1) TFEU, by establishing such an economic advantage by reference to the Commission's own unfounded, selective and arbitrary arguments regarding the alleged value of the transferred assets.

Fourth plea in law, alleging that the Commission committed manifest errors in law in the application and interpretation of the condition of the existence of an economic advantage, pursuant to Article 107 (1) TFEU, as it erroneously found that the alleged waiver of taxes in favour of Ellinikos Xryssos constituted an economic advantage.

Fifth plea in law, alleging that the Commission infringed essential procedural requirements and misused its power, resulting in a breach of its obligation to carry out a diligent and impartial examination of the case.

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