# C_2016260EN.01004201.xml

| 18.7.2016 | EN | Official Journal of the European Union | C 260/42 |
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18.7.2016

EN

Official Journal of the European Union

C 260/42

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Action brought on 11 May 2016 – C & J Clark International v Commission

(Case T-230/16)

(2016/C 260/53)

Language of the case: English

Parties

Parties

Applicant: C & J Clark International Ltd (Somerset, United Kingdom) (represented by: A. Willems, S. De Knop and J. Charles, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Declare the application admissible; |
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Declare the application admissible;

| — | Annul Commission Implementing Regulation (EU) 2016/223 of 17 February 2016 establishing a procedure for assessing certain market economy treatment and individual treatment claims made by exporting producers from China and Vietnam, and implementing the judgment of the Court of Justice in joined cases C-659/13 and C-34/14; and |
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Annul Commission Implementing Regulation (EU) 2016/223 of 17 February 2016 establishing a procedure for assessing certain market economy treatment and individual treatment claims made by exporting producers from China and Vietnam, and implementing the judgment of the Court of Justice in joined cases C-659/13 and C-34/14; and

| — | 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

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

| 1. | First plea in law, alleging that the European Commission violated the principle of conferral under Articles 5(1) and 5(2) TEU by proceeding on an incorrect legal basis; |
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1.

First plea in law, alleging that the European Commission violated the principle of conferral under Articles 5(1) and 5(2) TEU by proceeding on an incorrect legal basis;

| 2. | Second plea in law, alleging that the European Commission violated Article 266 TFEU by failing to take the necessary measures to comply with the judgment of the Court of Justice in C & J Clark International, C-659/13 and C-34/14, EU:C:2016:74; |
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2.

Second plea in law, alleging that the European Commission violated Article 266 TFEU by failing to take the necessary measures to comply with the judgment of the Court of Justice in C & J Clark International, C-659/13 and C-34/14, EU:C:2016:74;

| 3. | Third plea in law, alleging that the European Commission violated Articles 5(1) and 5(4) TEU by adopting an act that exceeds what is necessary to achieve its objective; and |
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3.

Third plea in law, alleging that the European Commission violated Articles 5(1) and 5(4) TEU by adopting an act that exceeds what is necessary to achieve its objective; and

| 4. | Fourth plea in law, alleging that the European Commission misused its powers by using its competences for a purpose other than that for which they were conferred upon it. |
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4.

Fourth plea in law, alleging that the European Commission misused its powers by using its competences for a purpose other than that for which they were conferred upon it.

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