Notices for publication in the OJ nº T-134/17 of The General Court, April 21, 2017

Resolution DateApril 21, 2017
Issuing OrganizationThe General Court
Decision NumberT-134/17

Action brought on 2 March 2017 - Hércules Club de Fútbol v Commission

(Case T-134/17)

Language of the case: Spanish

Parties

Applicant: Hércules Club de Fútbol, SAD (Alicante, Spain) (represented by: S. Rating and Y. Martínez Mata, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul Decision C(2017) 736 final of the European Commission of 2 February 2017 in Case GESTDEM 2016/6034 to 2016/6044;

order the Commission to pay the costs.

Pleas in law and main arguments

The present application has been brought against the decision confirming a decision refusing access to the documents sought by Hércules CF, in relation to certain documents in the administrative file that led to the adoption of Decision C(2016) 4060 final of 4 July 2016 on the State Aid SA.36387 (2013/C) (ex 2013/NN) (ex 2013/CP) implemented by Spain for Valencia Club de Fútbol Sociedad Anónima Deportiva, Hércules Club de Fútbol Sociedad Anónima Deportiva and Elche Club de Fútbol Sociedad Anónima Deportiva.

In support of its action, the applicant relies on four pleas in law.

First plea in law, alleging that the Commission erred in concluding that access to the requested documents could be refused on the basis of the third and first indents of Article 4(2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 4).

The applicant argues, in that respect, that the Commission automatically applied the general presumption of confidentiality of the administrative file in State aid proceedings established by the case-law; and that the Commission incorrectly applied, by analogy, the case-law concerning merger cases, in relation to...

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