Action brought on 30 October 2021 – Ekobulkos v Commission
(Case T-702/21)
Language of the case: Bulgarian
Parties
Applicant: ‘Ekobulkos’ EOOD (Todorichene, Bulgaria) (represented by: M. Dimitrov, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
declare that the European Commission unlawfully failed to take action with regard to ‘Ekobulkos’ EOOD’s complaint SA.56620 (2020/FC);
order the Commission to pay the legal costs of ‘Ekobulkos’ EOOD;
in the alternative, if the Commission takes a decision on the complaint after the present action has been brought, order the Commission to pay the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on five pleas in law.
The Commission has failed to fulfil its obligations to monitor aid granted by the Member States, pursuant to Articles 107 and 108 TFEU.
The Commission failed to examine without undue delay the company’s complaint SA.56620 (2020/FC) of 21 February 2020 concerning possible unlawful aid in accordance with Article 12(1), second subparagraph, of Council Regulation (EU) 2015/1589. 1
The Commission failed to take the necessary decision in accordance with Article 15(1) of Council Regulation (EU) 2015/1589, by which it should have:
declared that the notified measure does not constitute aid, or
declared that the measure is compatible with the internal market, or
initiated proceedings pursuant to Article 108(2) TFEU (‘decision to initiate the formal investigation procedure’).
The Commission failed to send a copy of the decision to the complainant pursuant to Article [24](2), third subparagraph, of Council Regulation (EU) 2015/1589.
The Commission failed to take the necessary measures also after being called upon to do so on 22 June 2021, in accordance with Article 265 TFEU.
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1 Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9).