# C_2016068EN.01003501.xml

| 22.2.2016 | EN | Official Journal of the European Union | C 68/35 |
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22.2.2016

EN

Official Journal of the European Union

C 68/35

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Action brought on 16 December 2015 — Portuguese Republic v Commission

(Case T-733/15)

(2016/C 068/45)

Language of the case: Portuguese

Parties

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes and M. Figueiredo, Agents, assisted by L. Silva Morais, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | Annul the Commission decision notified by the Secretariat-General of the Commission in Case SG-Greffe (2015) D/11533 of 12 October 2015; (1) |
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Annul the Commission decision notified by the Secretariat-General of the Commission in Case SG-Greffe (2015) D/11533 of 12 October 2015; (1)

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

Pleas in law and main arguments

Pleas in law and main arguments

The Portuguese Republic maintains that the request for payment sent by the Secretariat-General of the European Commission in Case SG-Greffe (2015) D/11533 of 12 October 2015 is flawed by reason of the following and must, therefore, be declared invalid:

| 1. | There is no justification for the contested measure as the Commission has usurped the powers of EU judicature and therefore lacks competence. |
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1.

There is no justification for the contested measure as the Commission has usurped the powers of EU judicature and therefore lacks competence.

| 2. | The measure is based on an artificial division of the effects of the judgment of the Court of Justice in Case C-76/13, thus resulting in infringement of the Treaties or of any rule of law relating to their application. |
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2.

The measure is based on an artificial division of the effects of the judgment of the Court of Justice in Case C-76/13, thus resulting in infringement of the Treaties or of any rule of law relating to their application.

| 3. | The Commission measure that is contested in this annulment action disregards the principle of res judicata, resulting once again in infringement of the Treaties or of any rule of law relating to their application. |
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3.

The Commission measure that is contested in this annulment action disregards the principle of res judicata, resulting once again in infringement of the Treaties or of any rule of law relating to their application.

res judicata

| 4. | The measure is also unlawful on the ground that it disregards the principles of legal certainty, the stability of legal relations and legitimate expectations, recognised by EU law. |
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4.

The measure is also unlawful on the ground that it disregards the principles of legal certainty, the stability of legal relations and legitimate expectations, recognised by EU law.

| 5. | The measure infringes the principle of the prohibition of double penalties, which precludes obtaining, through a new individual legal act, what could not be obtained previously by means of the judicial decision, resulting in infringement of the Treaties or of any rule of law relating to their application. |
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5.

The measure infringes the principle of the prohibition of double penalties, which precludes obtaining, through a new individual legal act, what could not be obtained previously by means of the judicial decision, resulting in infringement of the Treaties or of any rule of law relating to their application.

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(1)  Decision of the Director General of the Directorate-General for Communications Networks, Content and Technology of the European Commission, which required the Portuguese Republic to pay, between 25 June and 21 August 2014, the sum of EUR 580 000 by way of application of the periodic penalty payment which it was ordered go pay by the Court of Justice in Case C-76/13.

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