CELEX: 62016CN0016
Language: en
Date: 2016-01-11 00:00:00
Title: Case C-16/16 P: Appeal brought on 11 January 2016 by the Kingdom of Belgium against the order of the General Court (Second Chamber) of 27 October 2015 in Case T-721/14 Kingdom of Belgium v European Commission

25.4.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 145/14
            
         Appeal brought on 11 January 2016 by the Kingdom of Belgium against the order of the General Court (Second Chamber) of 27 October 2015 in Case T-721/14 Kingdom of Belgium v European Commission
   
   (Case C-16/16 P)
   (2016/C 145/18)
   Language of the case: Dutch
   
      Parties
   
   
      Appellant: Kingdom of Belgium (represented by: L. Van den Broeck, M. Jacobs and J. Van Holm, acting as Agents, and P. Vlaemminck and B. Van Vooren, advocaten)
   
      Other party to the proceedings: European Commission
   
      Form of order sought
   
   The appellant claims that the Court should:
   
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               set aside the order of the General Court in Case T-721/14 in its entirety;
            
         
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               declare the action for annulment to be admissible;
            
         
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               rule on the merits;
            
         
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               declare the applications to intervene lodged by the Hellenic Republic and the Portuguese Republic to be admissible; and
            
         
               —
            
            
               order the Commission to pay the costs.
            
         
      Grounds of appeal and main arguments
   
   First ground of appeal: infringement of the principles of allocation of powers, loyalty and institutional balance, and misapplication of the conditions set out in Article 263 TFEU.
   Second ground of appeal: infringement of the reciprocity of the principle of loyalty and undermining of the position of the Member State as a privileged applicant with a view to safeguarding its prerogatives.
   Third ground of appeal: incorrect interpretation of the legal consequences of the recommendation with respect to Belgium.