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Document 62022TN0775
Case T-775/22: Action brought on 12 December 2022 — TJ and Others v Council
Case T-775/22: Action brought on 12 December 2022 — TJ and Others v Council
Case T-775/22: Action brought on 12 December 2022 — TJ and Others v Council
OJ C 54, 13.2.2023, p. 19–20
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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13.2.2023 |
EN |
Official Journal of the European Union |
C 54/19 |
Action brought on 12 December 2022 — TJ and Others v Council
(Case T-775/22)
(2023/C 54/22)
Language of the case: English
Parties
Applicants: TJ and the 7 other applicants (represented by: J. Janssen, lawyer)
Defendant: Council of the European Union
Form of order sought
The applicants claim 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 applicants rely 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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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. |