CELEX: 62013TA0392
Language: en
Date: 2016-09-15 00:00:00
Title: Case T-392/13: Judgment of the General Court of 15 September 2016 — La Ferla v Commission and ECHA (REACH — Fee for registration of a substance — Reduction granted to micro, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Recommendation 2003/361/EC — Decision imposing an administrative charge — Request for information — Power of the ECHA — Proportionality)

31.10.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 402/25
            
         Judgment of the General Court of 15 September 2016 — La Ferla v Commission and ECHA
   (Case T-392/13) (1)
   
   ((REACH - Fee for registration of a substance - Reduction granted to micro, small and medium-sized enterprises - Error in declaration relating to the size of the enterprise - Recommendation 2003/361/EC - Decision imposing an administrative charge - Request for information - Power of the ECHA - Proportionality))
   (2016/C 402/26)
   Language of the case: Italian
   
      Parties
   
   
      Applicant: Leone La Ferla SpA (Melilli, Italy) (represented by: G. Passalacqua, J. Occhipinti and G. Calcerano, lawyers)
   
      Defendants: European Commission (represented by: L. Di Paolo and K. Talabér-Ritz, acting as Agents) and European Chemicals Agency (represented by: initially M. Heikkilä, A. Iber, E. Bigi, E. Maurage and J.-P. Trnka, then M. Heikkilä, E. Bigi, E. Maurage and J.-P. Trnka, acting as Agents, and by C. Garcia Molyneux, lawyer)
   
      Re:
   
   In the first place, application based on Article 263 TFEU and seeking annulment of several Commission or ECHA measures, in the second place, application asking for the ECHA to be ordered to repay amounts which had been unduly received, and, in the third place, application based on Article 268 TFEU and seeking to obtain compensation for the harm which the applicant has allegedly suffered.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that the action in so far as it is brought against the European Commission, is dismissed as being inadmissible;
            
         
               2.
            
            
               Declares that the action, in so far as it is brought against the European Chemicals Agency (ECHA), is dismissed as being inadmissible in part and unfounded in part;
            
         
               3.
            
            
               Orders Leone La Ferla SpA to pay the costs.
            
         
      (1)  OJ C 291, 5.10.2013.