# C_2014151EN.01002802.xml

| 19.5.2014 | EN | Official Journal of the European Union | C 151/28 |
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19.5.2014

EN

Official Journal of the European Union

C 151/28

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Action brought on 20 March 2014 — Léon Van Parys v Commission

(Case T-171/14)

2014/C 151/36

Language of the case: Dutch

Parties

Parties

Applicant: Firma Léon Van Parys NV (Antwerp, Belgium) (represented by: P. Vlaemminck, B. Van Vooren and R. Verbeke, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | Annul the letter from the Commission of 24 January 2014 informing the applicant of the suspension of the time-limit for dealing with the case pursuant to Article 907 of Regulation (EEC) No 2454/93; |
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Annul the letter from the Commission of 24 January 2014 informing the applicant of the suspension of the time-limit for dealing with the case pursuant to Article 907 of Regulation (EEC) No 2454/93;

| — | declare that Article 909 of Regulation (EEC) No 2454/93 applies fully and to the applicant’s advantage following the judgment of the General Court of 19 March 2013 in Case T-324/10 (Ref: REM/REC 07/07); |
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declare that Article 909 of Regulation (EEC) No 2454/93 applies fully and to the applicant’s advantage following the judgment of the General Court of 19 March 2013 in Case T-324/10 (Ref: REM/REC 07/07);

| — | order the Commission to pay the costs. |
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order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

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

| 1. | First plea in law, alleging an infringement of Articles 907 and 909 of Regulation No 2454/93 (1) and of the Charter of Fundamental Rights of the European Union, in particular Article 41 thereof concerning the right to good administration.






  — | By the judgment of the General Court of 19 March 2013 in Case T-324/10 Firma Léon Van Parys v Commission, Commission Decision C(2010) 2858 was annulled ex tunc; the nine-month time-limit for dealing with the case having already expired, the Commission had therefore ceased to be in a position to decide on the application for remission. |
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1.

First plea in law, alleging an infringement of Articles 907 and 909 of Regulation No 2454/93 (1) and of the Charter of Fundamental Rights of the European Union, in particular Article 41 thereof concerning the right to good administration.

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By the judgment of the General Court of 19 March 2013 in Case T-324/10 Firma Léon Van Parys v Commission, Commission Decision C(2010) 2858 was annulled ex tunc; the nine-month time-limit for dealing with the case having already expired, the Commission had therefore ceased to be in a position to decide on the application for remission.

Firma Léon Van Parys

Commission

ex tunc

| — | At the very least, the Commission has exceeded its powers in so far as its actions go beyond what is required in order to bring its — partly annulled — decision in line with the General Court’s judgment of 19 March 2013 in Case T-324/10. The Commission has thereby infringed the first paragraph of Article 266 TFEU in relation to its power to take measures to comply with judgments of the Court. |
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At the very least, the Commission has exceeded its powers in so far as its actions go beyond what is required in order to bring its — partly annulled — decision in line with the General Court’s judgment of 19 March 2013 in Case T-324/10. The Commission has thereby infringed the first paragraph of Article 266 TFEU in relation to its power to take measures to comply with judgments of the Court.

| 2. | Second plea in law, alleging an infringement of Article 907 of Regulation No 2454/93 and of the Charter of Fundamental Rights of the European Union, in particular Article 41 concerning the right to a fair hearing, in that the Commission has unlawfully availed itself of the opportunity to seek information in accordance with Article 907 of Regulation No 2454/93, in order to preclude or at least to delay any future application of Article 909 of Regulation No 2454/93. |
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2.

Second plea in law, alleging an infringement of Article 907 of Regulation No 2454/93 and of the Charter of Fundamental Rights of the European Union, in particular Article 41 concerning the right to a fair hearing, in that the Commission has unlawfully availed itself of the opportunity to seek information in accordance with Article 907 of Regulation No 2454/93, in order to preclude or at least to delay any future application of Article 909 of Regulation No 2454/93.

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(1)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1).

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