CELEX: 62016TN0691
Language: en
Date: 2016-09-26 00:00:00
Title: Case T-691/16: Action brought on 26 September 2016 — Elevolution-Engenharia v Commission

28.11.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 441/26
            
         
      Action brought on 26 September 2016 — Elevolution-Engenharia v Commission
      (Case T-691/16)
      (2016/C 441/30)
      Language of the case: Portuguese
      
         Parties
      
      
         Applicant: Elevolution-Engenharia SA (Amadora, Portugal) (represented by: A. Pinto Cardoso and L. Fuzeta da Ponte, lawyers)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the General Court should:
      
                  —
               
               
                  grant the application in its entirety and thereby annul the Commission’s decisions containing the debit notes received by the applicant by letter on 3 August 2016;
               
            
                  —
               
               
                  order the Commission to pay the applicant’s costs, to be assessed.
               
            
         Pleas in law and main arguments
      
      In support of its action, the applicant relies on three pleas in law.
      
                  1.
               
               
                  First plea in law, alleging lack of competence. It is submitted that the Commission lacks the competence and powers to adopt the acts which are to be annulled.
               
            
                  2.
               
               
                  Second plea in law, alleging infringement of essential procedural requirements. The reasoning of the disputed notes is implied or tacit, or clothed in obscurity, and the notes are not consistent with EU law.
               
            
                  3.
               
               
                  Third plea in law, alleging infringements of the Treaty and rules for its implementation.