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Document 62022TN0137
Case T-137/22: Action brought on 14 March 2022 — Netherlands v Commission
Case T-137/22: Action brought on 14 March 2022 — Netherlands v Commission
Case T-137/22: Action brought on 14 March 2022 — Netherlands v Commission
OJ C 198, 16.5.2022, p. 53–53
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 198, 16.5.2022, p. 37–37
(GA)
16.5.2022 |
EN |
Official Journal of the European Union |
C 198/53 |
Action brought on 14 March 2022 — Netherlands v Commission
(Case T-137/22)
(2022/C 198/77)
Language of the case: Dutch
Parties
Applicant: Kingdom of the Netherlands (represented by: and M. Bulterman and J. Langer, acting as Agents)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
— |
annul the Commission decision bearing reference number Ares (2022) 99942 refusing the request of the Kingdom of the Netherlands for an extension by 4 years in addition to the 8-year period rule for the recovery of unduly paid amounts resulting from the FresQ case, and |
— |
order the Commission to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1. |
First plea in law, alleging that the contested decision is based on an erroneous assumption that the recovery procedure in the FresQ case is not yet finalised. |
2. |
Second plea in law, alleging that the Commission makes an erroneous application of the third subparagraph of Article 54(2) of Regulation No 1306/2013 in so far as it assumes that the exceedance of the 8-year period for the recovery of the unduly paid amounts resulting from the FresQ case is attributable to the Netherlands. |