23.4.2018 |
EN |
Official Journal of the European Union |
C 142/52 |
Action brought on 6 February 2018 — Alfamicro v Commission
(Case T-64/18)
(2018/C 142/70)
Language of the case: Portuguese
Parties
Applicant: Alfamicro — Sistema de Computadores — Sociedade Unipessoal, Lda (Cascais, Portugal) (represented by: G. Gentil Anastácio and D. Pirra Xarepe, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
first, declare that Commission Decision (2017) 8839 final of 13 December 2017 on the recovery of a debt is null and void in so far as it relates to debit note No 3241507078 and, secondly, annul that decision as to the remainder; |
— |
order the Commission to pay the costs. |
Pleas in law and main arguments
The applicant relies on the following pleas in law:
1. |
With regard to the application for a declaration that the decision is null and void, the applicant relies on the Commission’s appropriation of the powers of the judiciary, in that it substituted the decision of the General Court of 14 November 2017 in Case T-831/14, in which the Court set the European Union’s claim relating to a specific debt, with a different, enforceable, decision relating to that debt, in breach of Article 19 TEU and Article 272 TFEU; |
2. |
With regard to the application for annulment, the applicant relies on:
|
(1) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1).