# C_2016314EN.01003001.xml

| 29.8.2016 | EN | Official Journal of the European Union | C 314/30 |
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29.8.2016

EN

Official Journal of the European Union

C 314/30

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Action brought on 29 June 2016 — City of Brussels v Commission

(Case T-352/16)

(2016/C 314/41)

Language of the case: French

Parties

Parties

Applicant: City of Brussels (Belgium) (represented by: M. Uyttendaele and S. Kaisergruber, lawyers)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | declare its application admissible and well founded; |
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declare its application admissible and well founded;

consequently:

| — | annul Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6); |
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annul Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6);

| — | 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 its action, the applicant raises two pleas in law.

| 1. | First plea in law, alleging infringement of Articles 37 and 53 of the Charter of Fundamental Rights of the European Union, of recitals 5 and 6 of Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2007 L 171, p. 1), and of Annex I to that regulation, and alleging misuse and abuse of powers by the European Commission. |
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1.

First plea in law, alleging infringement of Articles 37 and 53 of the Charter of Fundamental Rights of the European Union, of recitals 5 and 6 of Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ 2007 L 171, p. 1), and of Annex I to that regulation, and alleging misuse and abuse of powers by the European Commission.

| 2. | Second plea in law, alleging infringement of Article 5a(3) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23), of recital 3 of Council Decision 2006/512/EC of 17 July 2006 amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 2006 L 200, p. 11), of recital 25 of Regulation (EC) No 715/2007 and Article 5(3) of that regulation, and alleging that the Commission lacked competence to adopt the contested regulation and misused its powers. |
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2.

Second plea in law, alleging infringement of Article 5a(3) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23), of recital 3 of Council Decision 2006/512/EC of 17 July 2006 amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 2006 L 200, p. 11), of recital 25 of Regulation (EC) No 715/2007 and Article 5(3) of that regulation, and alleging that the Commission lacked competence to adopt the contested regulation and misused its powers.

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