7.12.2015 |
EN |
Official Journal of the European Union |
C 406/42 |
Action brought on 21 October 2015 — Stichting Accolade v Commission
(Case T-598/15)
(2015/C 406/44)
Language of the case: Dutch
Parties
Applicant: Stichting Accolade (Drachten, Netherlands) (represented by: H. de Boer and J. Abma, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
annul the decision of the European Commission of 30 June 2015, reference C(2015) 4411 final, State Aid SA.34676 (2015/NN) — The Netherlands (Alleged sale of land at below market price by the municipality of Harlingen); |
— |
order the Commission to pay the costs of the proceedings. |
Pleas in law and main arguments
In support of its action, the applicant relies on six pleas in law.
1. |
First plea in law, alleging that the Commission wrongly limited the applicant’s objection to a small section of the total land transaction between the municipality of Harlingen and Ludinga VG. |
2. |
Second plea in law, alleging that the Commission failed to apply, or wrongly applied, the private-investor test. The Commission, it is submitted, wrongly used a range of EUR 14 to EUR 24 in assessing the land transaction. |
3. |
Third plea in law, alleging that the information and assumptions underlying the prices which formed the range used by the Commission are incompatible with one another. As a result, the applicant contends, the transactions used as a reference are not comparable to the contested transaction. |
4. |
Fourth plea in law, alleging that an erroneous price was applied to the range. |
5. |
Fifth plea in law, alleging a manifest error of assessment of the alleged facts concerning the indirect advantages. |
6. |
Sixth plea in law, alleging that the Commission drew an inaccurate conclusion with regard to the measure contested by the applicant. |