CELEX: 62016CN0635
Language: en
Date: 2016-12-08 00:00:00
Title: Case C-635/16 P: Appeal brought on 8 December 2016 by Spliethoff's Bevrachtingskantoor BV against the order of the General Court (Third Chamber) delivered on 11 October 2016 in Case T-564/15: Spliethoff’s Bevrachtingskantoor BV v European Commission

6.3.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 70/9
            
         Appeal brought on 8 December 2016 by Spliethoff's Bevrachtingskantoor BV against the order of the General Court (Third Chamber) delivered on 11 October 2016 in Case T-564/15: Spliethoff’s Bevrachtingskantoor BV v European Commission
   (Case C-635/16 P)
   (2017/C 070/14)
   Language of the case: English
   
      Parties
   
   
      Appellant: Spliethoff's Bevrachtingskantoor BV (represented by: Y. de Vries, advocaat)
   
      Other party to the proceedings: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               set aside the order of the General Court of 11 October 2016 in case T-564/15;
            
         
               —
            
            
               refer the case back to the General Court;
            
         
               —
            
            
               order the Commission to pay the costs of the proceedings, including the costs before the General Court.
            
         
      Pleas in law and main arguments
   
   The General Court erred in law by finding that the action is inadmissible, given that it is directed against the Commission, who is not the author of the contested act;
   The General Court erred in law by finding that the action was inadmissible because the contested act is merely provisional in nature and therefore is not a definitive act;
   The General Court erred in law by rejecting Spliethoff’s request to treat its action for annulment as if it were directed against the 31 July Decision (1).
   
      (1)  Commission Implementing Decision C(2015) 5274 final establishing the list of proposals selected for receiving EU financial assistance in the field of Connecting Europe Facility (CEF)-Transport sector following the calls for proposals launched on 11 September 2014 based on the Multi-Annual Work Programme