CELEX: 62017TN0381
Language: en
Date: 2017-06-16 00:00:00
Title: Case T-381/17: Action brought on 16 June 2017 — Acsen v Parliament

14.8.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/31
            
         Action brought on 16 June 2017 — Acsen v Parliament
   (Case T-381/17)
   (2017/C 269/42)
   Language of the case: Romanian
   
      Parties
   
   
      Applicant: Ibram Acsen (Bucharest, Romania) (represented by: C. Gagu, lawyer)
   
      Defendant: European Parliament
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               partially annul Article 22(1)(c) of Directive 2011/35/EU of the European Parliament and of the Council of 5 April 2011 concerning mergers of public limited liability companies in so far as that provision applies to the absolute nullity of mergers.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on a single plea in law, alleging infringement of the principle that no limitation period can apply in the case of absolute nullity.
   
               —
            
            
               Since Article 22(1)(c) of Directive 2011/35/EU does not distinguish between relative nullity and absolute nullity, the period of six months for initiating nullification proceedings also applies in the event of absolute nullity, contrary to the principle that no limitation period can apply in the case of nullity of such a kind.