Action brought on 5 September 2012 - EDF v Commission
(Case T-389/12)
Language of the case: English
Parties
Applicant: Électricité de France SA (EDF) (Paris, France) (represented by: A. Creus Carreras and A. Valiente Martin, lawyers)
Defendant: European Commission
Form of order sought
Annul Commission decision C(2012) 4617 final of 28 June 2012 refusing to grant the applicant an extension until 31 December 2014 of the Final Investment Decision deadline provided by one of the Commitments imposed in merger proceedings (Case No COMP/M.5549 - EDF/SEGEBEL);
Order the defendant 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.
First plea in law, alleging
error of law and incorrect application of paragraphs 72 et seq. of the Commission Notice on remedies acceptable under the Council Regulation (EC) No 139/2004 and under Commission Regulation (EC) No 802/2004.
Second plea in law, alleging
manifest error of assessment of the significant facts of the case.
Third plea in law, alleging
violation of the principle of proportionality.
Fourth plea in law, alleging
misuse of powers and/or violation of the principle of sound administration.
Fifth plea in law, alleging
lack of motivation, since the Commission failed to provide any reason supporting its decision.
____________1 - OJ C 267 2008, p. 1