CELEX: 62015CN0696
Language: en
Date: 2015-12-23 00:00:00
Title: Case C-696/15 P: Appeal brought on 23 December 2015 by the Czech Republic against the judgment of the General Court (Seventh Chamber) delivered on 8 October 2015 in Joined Cases T-659/13 and T-660/13 –Czech Republic v Commission

29.2.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 78/8
            
         Appeal brought on 23 December 2015 by the Czech Republic against the judgment of the General Court (Seventh Chamber) delivered on 8 October 2015 in Joined Cases T-659/13 and T-660/13 –Czech Republic v Commission
   (Case C-696/15 P)
   (2016/C 078/09)
   Language of the case: Czech
   
      Parties
   
   
      Appellant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, acting as Agents)
   
      Other party to the proceedings: European Commission
   
      Form of order sought
   
   
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               set aside the judgment under appeal,
            
         
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               annul Regulation No 885/2013 (1) and Regulation No 886/2013 (2) in their entirety, and
            
         
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               order the European Commission to pay the costs.
            
         In the alternative:
   
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               set aside the judgment under appeal,
            
         
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               annul Articles 3(1), 8 and 9(1)(a) of Regulation No 885/2013 and Articles 5(1), 9 and 10(1)(a) of Regulation No 886/2013, and
            
         
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               order the Commission to pay the costs.
            
         
      Pleas in law and main arguments
   
   The appellant puts forward three grounds of appeal.
   First ground of appeal: breach of the principle of legal certainty. In the judgment under appeal the General Court erred in law by reaching the conclusion that the obligations under Regulation No 885/2013 and Regulation No 886/2013 do not apply to a Member State which has not yet decided to deploy in its territory the applications and services of intelligent transport systems, even though that conclusion does not follow from those regulations.
   Second ground of appeal: infringement of Article 13(2) of the Treaty on European Union in conjunction with Article 290 of the Treaty on the Functioning of the European Union. In the judgment under appeal the General Court erred in law by reaching the conclusion that, when the Commission adopts acts under delegated powers, it has a wide enough discretion for it not to have to remain within the bounds of the specific delegating provisions.
   Third ground of appeal: procedural errors before the General Court. In the judgment under appeal the General Court badly distorted several arguments put forward by the Czech Republic, and there were some arguments of the Czech Republic which it did not address at all. Those procedural errors had a fundamental effect on the General Court’s assessment of the pleas in law.
   
      (1)  OJ 2013 L 247, p. 1.
   
      (2)  OJ 2013 L 247, p. 6.