Asunto C-696/17 P: Recurso de casación interpuesto el 8 de diciembre de 2017 por Alex SCI contra la sentencia del Tribunal General (Sala Primera) dictada el 10 de octubre de 2017 en el asunto T-841/16, Alex / Comisión
Sección: | Diario Oficial |
Emisor: | Comisión de las Comunidades Europeas |
26.2.2018 ES Diario Oficial de la Unión Europea C 72/28
Lengua de procedimiento: francés
Recurrente: Alex SCI (representante: J. Fouchet, abogado)
Otra parte en el procedimiento: Comisión Europea
— Que se anule el auto del Tribunal General de la Unión Europea de 10 de octubre de 2017 en su totalidad, excepto por cuanto reconoce el carácter impugnable de la decisión de la Comisión de 21 de septiembre de 2016. Dicte un nuevo pronunciamiento a efectos de: — Que se anule la decisión de la Comisión Europea de 21 de septiembre de 2016.
— Que se declaren ilegales e incompatibles con el mercado común las ayudas abonadas a CABAB por el FEDER, el Estado francés, el Conseil régional d’Aquitaine y el Conseil général des Pyrénées Atlantiques.
— Que se condene a la Comisión Europea a cargar con la totalidad de las costas del procedimiento, comprendidos los honorarios de los abogados por un importe de 5 000 euros.
La recurrente solicita que se confirme la decisión del Tribunal General acerca del carácter impugnable de la decisión. El escrito de 21 de septiembre de 2016 constituye un acto impugnable conforme a lo dispuesto en el artículo 263 TFUE, párrafo 1.
En cuanto a la legitimación y el interés en ejercitar la acción de Alex SCI, la recurrente solicita la reforma del auto del Tribunal General. Su situación comercial resulta afectada en el sentido del artículo 263 TFUE, párrafo 4.
El primer motivo se basa en la ilegalidad externa debida a la falta de motivación. En la decisión de 21 de septiembre de 2016 no se menciona ningún fundamento jurídico, textual o jurisprudencial, de modo que por su mera lectura, Alex SCI, representada por su gerente, no comprende dicha decisión. Habida cuenta de que está muy insuficientemente motivada fáctica y jurídicamente, la decisión adolece de ilegalidad externa.
El segundo motivo se basa en la ilegalidad interna (existencia de una ayuda de Estado y falta de notificación). La Communauté d’Agglomération Côte-basque — Adour (CABAB) proyectó, en el marco de su estrategia económica, acondicionar el espacio «Technocité» en Bayona con el fin de crear una plataforma especializada en el ámbito de la aeronáutica. Solicitó al FEDER, al Estado francés, al Conseil régional d’Aquitaine y al Conseil général des Pyrénées Atlantiques que cofinanciaran su proyecto mediante la aportación, por parte de cada uno de ellos, de la suma de 1 000 000 de euros.
Por un lado, al concurrir los elementos constitutivos de una ayuda de Estado, tales...
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