Action brought on 21 October 2011 - BytyOKD v Commission

(Case T-559/11)

Language of the case: Czech

Parties

Applicant: Sdružení nájemníků BytyOKD.cz (Ostrava, Czech Republic) (represented by: R. Pelikán, lawyer)

Defendant: European Commission

Form of order sought

annul Commission Decision C(2011) 4927 final of 13 July 2011, State aid No SA.25076 (2011/NN) - Czech Republic: Privatisation of OKD a.s. to Karbon Invest a.s.;

order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, arguing that the Commission infringed Article 108(3) TFEU by not initiating the formal procedure under Article 108(2) even though in the preliminary examination it had, in the applicant's opinion, encountered serious difficulties in assessing the compatibility with the common market of the measure of the Czech Republic under investigation. The defendant thereby deprived the applicant of the procedural rights which it would have been guaranteed in the formal procedure by Article 108(2) TFEU.

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