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Document 62022TN0803
Case T-803/22: Action brought on 30 December 2022 — TZ v Council
Case T-803/22: Action brought on 30 December 2022 — TZ v Council
Case T-803/22: Action brought on 30 December 2022 — TZ v Council
OJ C 63, 20.2.2023, p. 64–64
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 30/12/2022
- Date lodged:
- 30/12/2022
- Author:
- General Court
- Form:
- Judicial information
- Authentic language:
- English
- Type of procedure:
- Action for annulment
- Link
- Select all documents mentioning this document
- Case affecting:
-
- Partial annulment request 32022R1854 article 15
- Partial annulment request 32022R1854 chapter III
- Instruments cited in case law:
- Link
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20.2.2023 |
EN |
Official Journal of the European Union |
C 63/64 |
Action brought on 30 December 2022 — TZ v Council
(Case T-803/22)
(2023/C 63/81)
Language of the case: English
Parties
Applicant: TZ (represented by: J. Janssen, lawyer)
Defendant: Council of the European Union
Form of order sought
The applicant claims that the Court should:
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— |
admit and uphold the pleas for annulment raised in the present application; |
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— |
annul Chapter III of Council Regulation (EU) 2022/1854 of 6 October 2022 on an emergency intervention to address high energy prices (1) (‘contested Regulation’); |
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— |
in the alternative, annul Article 15 of the contested Regulation insofar as it allows the retroactive levy of a solidarity contribution over the year 2022; and |
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— |
order the Council to pay the costs of this procedure. |
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
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1. |
First plea in law, alleging that the contested Regulation was incorrectly adopted on the basis of article 122(1) TFEU and should have been adopted by the Council, acting unanimously after consulting the European Parliament and in accordance with a special legislative procedure, as the contested Regulation contains fiscal measures. |
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2. |
Second plea in law, alleging that the contested Regulation constitutes a violation of the right to property as enshrined in Article 1 First Protocol to the ECHR and Article 17 of the Charter of Fundamental Rights of the EU, as well as the EU principles of legality and legal certainty, insofar the contested Regulation allows for retroactive application. |
