5.10.2015 |
EN |
Official Journal of the European Union |
C 328/34 |
Action brought on 17 August 2015 — GGP Italy v Commission
(Case T-474/15)
(2015/C 328/31)
Language of the case: Italian
Parties
Applicant: Global Garden Products Italy SpA (GGP Italy) (Castelfranco Veneto, Italy) (represented by: A. Villani, L. D’Amario and M. Caccialanza, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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annul Commission Implementing Decision (EU) 2015/902, made on 10 June 2015 and published in the Official Journal of the European Union on 12 June 2015; |
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adopt any further measures deemed appropriate; |
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order the Commission to pay the costs. |
Pleas in law and main arguments
The present action is for the annulment of Commission Implementing Decision (EU) 2015/902 of 10 June 2015 (OJ 2015 L 147, p. 22), in which the Commission held that a restrictive measure adopted by Latvia, pursuant to Article 11 of Directive 2006/42/EC of the European Parliament and of the Council, concerning a lawnmower produced by the applicant, was justified.
In support of its action, the applicant relies on two pleas in law.
1. |
First plea in law, alleging infringement of Article 20 of Directive 2006/42/EC, which states that any restrictive measure taken pursuant to that directive must ‘state the exact grounds on which it is based’ and ‘be notified as soon as possible to the party concerned, who shall at the same time be informed of the legal remedies available to him under the laws in force in the Member State concerned and of the time limits to which such remedies are subject’.
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2. |
Second plea in law, alleging infringement of the rules of Directive 2006/42/EC governing obligations to comply with essential safety requirements (Article 5(1)), the free movement of machinery (Article 6(1)), the presumption of conformity with harmonised standards (Article 7) and the safeguard procedure which may be adopted by each Member State (Article 11).
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