10.2.2020 |
EN |
Official Journal of the European Union |
C 45/83 |
Action brought on 4 December 2019 — Tazzetti v Commission
(Case T-825/19)
(2020/C 45/69)
Language of the case: Italian
Parties
Applicant: Tazzetti SpA (Volpiano, Italy) (represented by: M. Condinanzi, E. Ferrero and C. Vivani, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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(i) annul Commission Decision (note) ARES (2019) 6014426 of 27 September 2019, addressed to the applicant, Commission Decision (note) ARES (2019) 6024220 of 27 September 2019, addressed to the applicant, Commission Decision (note) ARES (2019) 6048224 of 30 September 2019, addressed to Tazzetti SA, Decision (note) ARES (2019) 6871575, addressed to Tazzetti SpA, and subsequent decisions, and, (ii) where necessary, after finding, pursuant to Article 277 TFEU, that Commission Implementing Regulation (EU) 2019/661 of 25 April 2019 ensuring the smooth functioning of the electronic registry for quotas for placing hydrofluorocarbons on the market (OJ 2019 L 112, p. 11), in particular Article 7 thereof, is unlawful, declare inapplicable, and as a result annul, the aforementioned decisions implementing that regulation; |
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order the defendant to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on seven pleas in law.
1. |
First plea in law, alleging (i) infringement of Article 16(1), (3) and (5) and Article 17 of, and Annexes V and VI to Regulation (EU) 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ 2014 L 150, p. 195); (ii) infringement of Article 291 TFEU and misapplication of the concept of implementing measures; (iii) misuse of powers in the present case; (iv) infringement of Article 296 TFEU and of the obligation to state reasons, and (v) infringement of the principle of proportionality. |
2. |
Second plea in law, alleging that Article 7 of Commission Implementing Regulation (EU) 2019/661 of 25 April 2019 ensuring the smooth functioning of the electronic registry for quotas for placing hydrofluorocarbons on the market (OJ 2019 L 112, p. 11) infringes Articles 15 and 16 of Regulation (EU) 517/2014 of 16 April 2014 and as a result is indirectly inapplicable.
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3. |
Third plea in law, alleging infringement of the fundamental principles of the EU legal order relating to property and the freedom to conduct a business, of Article 6 TEU in conjunction with Articles 6, 16 and 17 of the Charter of Fundamental Rights of the European Union, of Article 1 of the Additional Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and of Article 11 TFEU. The applicant also alleges misuse of powers.
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4. |
Fourth plea in law, alleging infringement of the principle of proportionality and the obligation to state reasons in respect of that principle.
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5. |
Fifth plea in law, alleging infringement of Articles 49 et seq. and of Articles 63 et seq. TFEU.
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6. |
Sixth plea in law, alleging infringement of the principles of legitimate expectations, legal certainty and non-retroactivity of provisions conferring individual rights.
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7. |
Seventh plea in law, alleging infringement of the principle of equal treatment.
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