CELEX: 62016TN0230
Language: en
Date: 2016-05-11 00:00:00
Title: Case T-230/16: Action brought on 11 May 2016 – C & J Clark International v Commission

18.7.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 260/42
            
         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
   
   
      Applicant: C & J Clark International Ltd (Somerset, United Kingdom) (represented by: A. Willems, S. De Knop and J. Charles, lawyers)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               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
            
         
               —
            
            
               Order the European Commission to pay the costs.
            
         
      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;
            
         
               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
            
         
               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.