CELEX: 62019TN0495
Language: en
Date: 2019-07-08 00:00:00
Title: Case T-495/19: Action brought on 8 July 2019 — Romania v Commission

26.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/64
            
         
      Action brought on 8 July 2019 — Romania v Commission
      (Case T-495/19)
      (2019/C 288/79)
      Language of the case: Romanian
      
         Parties
      
      
         Applicant: Romania (represented by: C. Canțăr, E. Gane and R. Hațieganu, acting as Agents)
      
         Defendant: European Commission
      
         Form of order sought
      
      The applicant claims that the Court should:
      
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                  annul Commission Decision (EU) 2019/721 of 30 April 2019 on the proposed citizens’ initiative entitled ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’;
               
            
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                  order the Commission to pay the costs.
               
            
         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 infringement of Article 4(2)(b) of Regulation No 211/2011 as regards the EU competences established by the Treaties
                  
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                              Romania submits that there is no legal basis in the Treaties enabling the Commission to submit a proposal for a legal act of the Union as intended by the organisers of the proposed ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’. That proposal is manifestly outside that EU institution’s sphere of competence to submit a proposal for a legal act of the Union for the purpose of implementing the Treaties and does not satisfy the conditions laid down in Article 4(2)(b) of Regulation No 211/2011.
                           
                        
            
                  2.
               
               
                  Second plea in law, alleging failure to fulfil the obligation to state reasons laid down in the second paragraph of Article 296 of the Treaty on the Functioning of the European Union
                  
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                              Romania submits that the obligation to state reasons laid down in the second paragraph of Article 296 of the Treaty on the Functioning of the European Union cannot be limited to informing the organisers regarding the elements laid down in Article 4(3) of Regulation (EU) No 211/2011, namely the reasons for refusing to register the proposed initiative and of all possible remedies available to them.
                           
                        
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                              In that context, Romania submits that the statement of reasons for Decision (EU) 2019/721 is manifestly inadequate. A manifestly inadequate statement of reasons may prevent the persons concerned from ascertaining the reasons for the registration of the proposed initiative and responding accordingly and may also prevent the General Court of the European Union from exercising its power of review as to the legality of the decision.