Notices for publication in the OJ nº T-580/20 of Tribunal General de la Unión Europea, November 13, 2020

• Resolution Date: November 13, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-580/20

Action brought on 7 October 2020 - KC v Commission

(Case T-580/20)

Language of the case: French

Parties

Applicant: KC (represented by: L. Frölich, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

Order the European Union to pay to the applicant compensation for material harm (distinct interest and damages) of an amount of EUR 330 000 per diem as from 1 June 2020 (inclusive) until the date of adoption of a decision by the European Commission, in the file [confidential], ¹ consistent with the operative parts and principles of the judgments in Dilly’s Wellnesshotel C-493/14 of 21 July 2016 and Eesti Pagar AS C-349/17 of 5 March 2019;

Order the European Union to pay to the applicant compensation for loss of opportunity of an amount of EUR 680 000 per diem as from 1 June 2020 (inclusive) until the date of adoption of a decision by the European Commission, in the file [confidential], consistent with the operative parts and principles of the judgments in Dilly’s Wellnesshotel C-493/14 of 21 July 2016 and Eesti Pagar AS C-349/17 of 5 March 2019;

Order the European Union to pay to the applicant compensation for non-material harm of an amount of EUR 10 354 869.92;

Order that the compensation referred to above be increased by default interest, as from the date of delivery of the present judgment until full payment, at the rate set by the European Central Bank (ECB) for its main refinancing operations, increased by two percentage points;

Order the European Union to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law based on the three cumulative conditions laid down in the case-law arising from the judgment of 8 November 2011, Idromacchine and Others v Commission, T-88/09, EU:T:2011:641, for the European Union to incur liability on the basis of the second paragraph of Article 340 TFEU. That plea in law is divided into three parts.

1. In the first part, the applicant claims that it complained, in its complaints to the European Commission, of non-notified interventions by the French State in the form of capital invested in a fund managed by a company governed by private law enjoying exclusive and special rights for the purposes of Article 106(1) TFEU. It considers that the Commission failed to comply with the operative parts and principles set out in the judgments of 21 July 2016, Dilly’s Wellnesshotel, C-493/14, EU:C:2016:5...