Notices for publication in the OJ nº T-597/19 of Tribunal General de la Unión Europea, October 11, 2019

• Resolution Date: October 11, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-597/19

Action brought on 6 September 2019 - Helsingin kaupunki v Commission

(Case T-597/19)

Language of the case: Finnish

Parties

Applicant: Helsingin kaupunki (Helsinki, Finland) (represented by: I. Aalto-Setälä, lawyer)

Defendant: European Commission

Form of order sought

Annul, in whole or in part, the Commission’s Decision of 28 June 2019 on State aid SA.33846 - (2015/C) (ex 2011/CP);

order the Commission to pay the city’s costs in full, together with interest.

Pleas in law and main arguments

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

1. First plea in law, alleging manifest error in the application of Article 107(1) TFEU in the contested decision

   The Commission manifestly misapplied the market economy operator principle. Further, in the course of its investigation, it failed to take due account of all the information and statements communicated during the investigation procedure, which showed that the loans at issue were granted under normal market conditions and in accordance with the procedures that would have been followed by a prudent investor operating in a market economy under comparable economic conditions.

   The assessment of the measures at issue is contrary to the Commission’s practice in taking decisions and to the case-law of the Court of Justice of the European Union. The Commission used methods of calculation that are not suitable for assessing the specific aspects of operating loans.

   In addition, the Commission made a manifest error of assessment in finding that the disputed equipment loan could not be classified as existing aid.

2. Second plea in law, alleging that the reasons for the contested decision do not meet the requirements of Article 296 TFEU or of the relevant case-law

   The reasons given for the contested decision are insufficient, in particular in relation to the assessment as to whether the purchase price for the business of Helsingin Bussiliikenne (HelB) was a market price, the Commission having...