Action brought on 9 September 2011 - Sarc v Commission
(Case T-488/11)
Language of the case: English
Parties
Applicant: Scheepsbouwkundig Advies- en Rekencentrum (Sarc) BV (Bussum, Netherlands) (represented by: H. Speyart, lawyer)
Defendant: European Commission
Form of order sought
Annul Commission decision C(2011) 642 final of 10 May 2011 given in the State aid proceedings NN 68/2010 declaring that the aid granted does not constitute State aid; and
Order the European Commission to pay its own costs and those incurred by the applicant.
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 failed, where it should have done so, to open the formal investigation procedure within the meaning of Article 108(2) TFEU;
Second plea in law, alleging
that the Commission, in a further submission, failed to associate SARC in its preliminary assessment in a sufficient manner;
Third plea in law, alleging
that the Commission misapplied Article 107 (1) TFEU;
Fourth plea in law, alleging
that the Commission failed, where it should have done so, to order the Dutch authorities to submit an evaluation, or to commission an independent evaluation;
Fifth plea in law, alleging
that the Commission failed to reason its decision to the required standard.
____________