CELEX: 62019TN0846
Language: en
Date: 2019-12-12 00:00:00
Title: Case T-846/19: Action brought on 12 December 2019 — Golden Omega v Commission

24.2.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 61/48
            
         
      Action brought on 12 December 2019 — Golden Omega v Commission
      (Case T-846/19)
      (2020/C 61/62)
      Language of the case: Dutch
      
         Parties
      
      
         Applicant: Golden Omega S.A. (Santiago, Chile) (represented by: S. Moolenaar, lawyer)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the General Court should:
      
                  —
               
               
                  annul Commission Implementing Regulation (EU) 2019/1661 of 24 September 2019 concerning the classification of certain goods in the Combined Nomenclature (OJ 2019 L 251, p. 1) in its entirety.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on two pleas in law.
      
                  1.
               
               
                  First plea in law, alleging that the Commission exceeded its powers under Article 9(1) of Regulation 2658/87 by unlawfully altering the scope of CN heading 1516.
               
            
                  2.
               
               
                  Second plea in law, alleging that the Commission exceeded its powers under Article 9(1) of Regulation 2658/87 by unlawfully amending the customs tariff because that implementing regulation amends the customs tariff, in so far products are excluded by that implementing regulation from a CN heading in which the product at issue should be categorised on the basis of its objective characteristics and properties.