# C_2021009EN.01002601.xml

| 11.1.2021 | EN | Official Journal of the European Union | C 9/26 |
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11.1.2021

EN

Official Journal of the European Union

C 9/26

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Action brought on 23 October 2020 — NC and Others v Parliament and Council

(Case T-645/20)

(2021/C 9/38)

Language of the case: English

Parties

Applicants: NC, ND, NE, NF, Uniunea Naţională a Transportatorilor Rutieri din România (UNTRR) (Bucharest, Romania) (represented by: R. Martens, lawyer)

Defendants: European Parliament and Council of the European Union

Form of order sought

The applicants claim that the Court should:

| — | annul, partially, Article 1 (3) of Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector; |
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annul, partially, Article 1 (3) of Regulation (EU) 2020/1055 of the European Parliament and of the Council of 15 July 2020 amending Regulations (EC) No 1071/2009, (EC) No 1072/2009 and (EU) No 1024/2012 with a view to adapting them to developments in the road transport sector;

| — | order the defendants to pay all costs. |
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order the defendants to pay all costs.

Pleas in law and main arguments

In support of the action, the applicants rely on five pleas in law.

| 1. | First plea in law, alleging breach of Articles 2, 4(2) and 9 TEU, Articles 18 and 95 TFEU, Article 21 of the Charter of Fundamental Rights of the European Union and the principles of equality and non-discrimination as general principles of Union law juncto Article 5(4) TEU and the principle of proportionality as a general principle of Union law as to substantive and indirect discrimination. |
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1.

First plea in law, alleging breach of Articles 2, 4(2) and 9 TEU, Articles 18 and 95 TFEU, Article 21 of the Charter of Fundamental Rights of the European Union and the principles of equality and non-discrimination as general principles of Union law juncto Article 5(4) TEU and the principle of proportionality as a general principle of Union law as to substantive and indirect discrimination.

| 2. | Second plea in law, alleging breach of Articles 26, 49 and 56 TFEU, Articles 16 and 52(1) of the Charter of Fundamental Rights of the European Union juncto Article 5(4) TEU and the principle of proportionality as a general principle of Union law as to unlawful restriction of the freedom to provide services, the freedom of establishment and the freedom to conduct a business. |
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2.

Second plea in law, alleging breach of Articles 26, 49 and 56 TFEU, Articles 16 and 52(1) of the Charter of Fundamental Rights of the European Union juncto Article 5(4) TEU and the principle of proportionality as a general principle of Union law as to unlawful restriction of the freedom to provide services, the freedom of establishment and the freedom to conduct a business.

| 3. | Third plea in law, alleging breach of Article 3(3) TEU, Articles 11 and 191 TFEU and Article 37 of the Charter of Fundamental Rights of the European Union as to contravening the preservation, protection and improvement of the quality of environment. |
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3.

Third plea in law, alleging breach of Article 3(3) TEU, Articles 11 and 191 TFEU and Article 37 of the Charter of Fundamental Rights of the European Union as to contravening the preservation, protection and improvement of the quality of environment.

| 4. | Fourth plea in law, alleging breach of Article 296(2) TFEU, Article 5 Protocol 2 TFEU, the Interinstitutional Agreement on Better Law-Making and the obligation to state reasons as to failure to provide for a detailed statement of reasons and failure to carry out impact assessments. |
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4.

Fourth plea in law, alleging breach of Article 296(2) TFEU, Article 5 Protocol 2 TFEU, the Interinstitutional Agreement on Better Law-Making and the obligation to state reasons as to failure to provide for a detailed statement of reasons and failure to carry out impact assessments.

| 5. | Fifth plea in law, alleging breach of Articles 91 and 94 TFEU juncto Article 5(4) TEU and the principle of proportionality as a general principle of Union law as to seriously affecting the standard of living, the level of employment and the economic circumstances. |
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5.

Fifth plea in law, alleging breach of Articles 91 and 94 TFEU juncto Article 5(4) TEU and the principle of proportionality as a general principle of Union law as to seriously affecting the standard of living, the level of employment and the economic circumstances.

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