9.6.2012 |
EN |
Official Journal of the European Union |
C 165/29 |
Action brought on 30 March 2012 — Wünsche Handelsgesellschaft International v Commission
(Case T-147/12)
2012/C 165/50
Language of the case: German
Parties
Applicant: Wünsche Handelsgesellschaft International mbH & Co KG (Hamburg, Germany) (represented by: K. Landry and G. Schwendinger, lawyers)
Defendant: European Commission
Form of order sought
— |
Annul Commission Decision REM 02/09 of 16 September 2011 (C(2011) 6393 final); |
— |
order the defendant to pay the costs of the proceedings. |
Pleas in law and main arguments
The applicant seeks annulment of Commission Decision REM 02/09 of 16 September 2011 (C(2011) 6393 final) determining that remission of import duties is not justified in a particular case, which concerns imports by the applicant of preserved mushrooms of the genus Agaricus — country of origin, China — in 2004 and 2006.
In support of the action, the applicant relies on the following pleas in law.
1. |
Infringement of Article 220(2)(b) of the Customs Code
|
2. |
Infringement of Article 239 of the Customs Code
|
3. |
Infringement of general legal principles The applicant further claims that, in adopting the contested decision, the Commission infringed the primary-law principle of protection of legitimate expectations, the principle of proportionality, the principle of good administration and the principle of equal treatment. |