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9.11.2013 |
EN |
Official Journal of the European Union |
C 325/16 |
Appeal brought on 09/08/2013 by T & L Sugars Ltd, Sidul Açúcares, Unipessoal Lda against the judgment of the General Court (Fifth Chamber) delivered on 6 June 2013 in Case T-279/11: T & L Sugars Ltd, Sidul Açúcares, Unipessoal Lda v European Commission
(Case C-456/13 P)
2013/C 325/27
Language of the case: English
Parties
Appellants: T & L Sugars Ltd, Sidul Açúcares, Unipessoal Lda (represented by: D. Waelbroeck, avocat, D. Slater, Solicitor)
Other parties to the proceedings: European Commission, Council of the European Union, French Republic
Form of order sought
The appellants claim that the Court should:
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declare the present appeal admissible and well founded; |
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set aside the judgment of the General Court of 6 June 2013 in Case T-279/11 (‘the Contested Judgment’) to the extent it dismisses as inadmissible the Appellants' action for annulment and rejects its related pleas of illegality; |
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refer the case back to the General Court for examination of the substance; |
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order the Commission to pay all costs and expenses before the Court of Justice. |
Pleas in law and main arguments
The Appellants put forward the following grounds in support of their Appeal:
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the GC committed an error of law in concluding that the Contested Regulations entailed implementing measures within the meaning of Article 263(4) TFEU; |
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the GC committed an error of law in concluding that Regulation 393/2011 (1) was not of individual concern to the Appellants; |
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the GC committed an en-or of law in rejecting the plea of illegality, as a result of errors (1) and (2) above. |
As a result, the Appellants request your Court (i) to set aside the Contested Judgment to the extent that it declares inadmissible the Application for Annulment and rejects the plea of illegality; and (ii) refer the case back to the GC.
(1) Commission Implementing Regulation (EU) No 393/2011 of 19 April 2011 fixing the allocation coefficient for the issuing of import licences applied for from 1 to 7 April 2011 for sugar products under certain tariff quotas and suspending submission of applications for such licences
OJ L 104, p. 39