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Document 62015CN0153

    Case C-153/15 P: Appeal brought on 30 March 2015 by Naftiran Intertrade Co. (NICO) Sàrl against the order of the General Court (Seventh Chamber) delivered on 20 January 2015 in Case T-6/13: Naftiran Intertrade Co. (NICO) Sàrl v Council of the European Union

    Information about publishing Official Journal not found, p. 6–6 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Date of document:
    30/03/2015
    Date lodged:
    30/03/2015
    Author:
    Court of Justice
    Form:
    Judicial information
    Authentic language:
    English
    Type of procedure:
    Action for annulment, Appeal
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    Case affecting:
    Instruments cited in case law:
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    8.6.2015   

    EN

    Official Journal of the European Union

    C 190/6

    Appeal brought on 30 March 2015 by Naftiran Intertrade Co. (NICO) Sàrl against the order of the General Court (Seventh Chamber) delivered on 20 January 2015 in Case T-6/13: Naftiran Intertrade Co. (NICO) Sàrl v Council of the European Union

    (Case C-153/15 P)

    (2015/C 190/06)

    Language of the case: English

    Parties

    Appellant: Naftiran Intertrade Co. (NICO) Sàrl (represented by: J. Grayston, Solicitor, P. Gjørtler, advokat, G. Pandey, Advocaat, D. Rovetta, avocat, M. Gambardella, avvocato)

    Other party to the proceedings: Council of the European Union

    Form of order sought

    The Appellant claims that the Court should:

    —

    Set aside the order of the General Court of 20 January 2015 in Case T-6/13, Naftiran Intertrade Co. (NICO) Sàrl v Council of the European Union, and declare the action for annulment to be admissible;

    —

    Refer the case back to the General Court;

    —

    Order the Council to bear the costs of the present appeal proceedings.

    Pleas in law and main arguments

    The Appellant submits two grounds of challenge, whereby the General Court has based the contested order on manifest errors of assessment and errors in law.

    The Appellant finds that the General Court has committed manifest errors of assessment by holding first that a complete individual notification took place on 19 October 2012, and second that this notification occurred prior to the publication of a general notice of notification in the C series of the Official Journal of the European Union on 16 October 2012.

    Further, the Appellant finds that the General Court committed errors in law firstly by failing to take into account the requirement that a notification must include a statement of reasons, secondly by holding that an individual notification could have the effect of shortening the time limit for a judicial challenge to a legal act of the Europrean Union, thirdly by disregarding the legal consequences of the choices made by the Council in relation to the notification procedure, and fourthly by failing to take into account the legitimate understanding of the law at the time of the Application.

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