5.10.2013   

EN

Official Journal of the European Union

C 291/4

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declare admissible the action for annulment of Commission Implementing Regulation (EU) No 689/2013 of 18 July 2013 fixing the export refunds on poultry meat (OJEU L 196/13 of 19 July 2013);

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annul Commission Implementing Regulation (EU) No 689/2013 of 18 July 2013 fixing the export refunds on poultry meat (OJEU L 196/13 of 19 July 2013);

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order the Commission to pay the costs of these proceedings.

1.

First plea in law, alleging abuse of process, since the internal rules of the management committee were infringed in so far as the Commission did not permit the committee to consider all the information necessary in order to give its opinion on the draft text to be adopted in accordance with the procedure laid down in Regulation No 182/2011. (1)

2.

Second plea in law, alleging a procedural irregularity and lack of competence, since the contested regulation was adopted under the signature of the Director-General for Agriculture and Rural Development on behalf of the President of the Commission, without it being shown that an act of delegation and a declaration of self-certification exist.

3.

Third plea in law, alleging inadequacy of the statement of reasons for the contested regulation, in so far as:

4.

Fourth plea in law, alleging infringement of the law or at least a manifest error of assessment, since the information furnished by the Commission to the management committee does not satisfy the criteria laid down in Article 164(3) of Regulation No 1234/2007.

5.

Fifth plea in law, alleging infringement of legitimate expectations, in so far as the applicant legitimately expected, following assurances received from the Commission, the system of positive refunds to continue until the end of the current common agricultural policy.