CELEX: 62022TN0026
Language: en
Date: 2022-01-13 00:00:00
Title: Case T-26/22: Action brought on 13 January 2022 — CIMV v Commission

7.3.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 109/30
            
         
      Action brought on 13 January 2022 — CIMV v Commission
      (Case T-26/22)
      (2022/C 109/39)
      Language of the case: French
      
         Parties
      
      
         Applicant: Compagnie industrielle de la matière végétale (CIMV) (Neuilly sur-Seine, France) (represented by: B. Le Bret, R. Rard and P. Renié, lawyers)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  Declare the present action admissible and well founded;
               
            
                  —
               
               
                  Annul the contested decision;
               
            
                  —
               
               
                  In the alternative, annul Article 3 of the contested decision in so far as it provides for enforcement;
               
            
                  —
               
               
                  Order the Commission to pay the costs.
               
            
         Pleas in law and main arguments
      
      In support of the action against Decision C(2021) 7932 final of the European Commission of 28 October 2021, concerning the recovery of a sum of EUR 5 888 214,59, plus interest, owed by the CIMV, the applicant relies on four pleas in law.
      
                  1.
               
               
                  First plea in law, alleging a clear substantive error resulting from the failure to take into account the schedule proposed by the CIMV and failure to state adequate reasons for the contested decision.
               
            
                  2.
               
               
                  Second plea in law, alleging infringement of the principles of legitimate expectations and legal certainty.
               
            
                  3.
               
               
                  Third plea in law, alleging infringement of the rights of the defence, the right to be heard and the principle of sound administration.
               
            
                  4.
               
               
                  Fourth plea in law, alleging infringement of the principle of proportionality and failure to have regard for the aim of effective protection of the financial interests of the European Union.