Action brought on 3 May 2013 - Netherlands v Commission

(Case T-261/13)

Language of the case: Dutch

Parties

Applicant: Kingdom of the Netherlands (represented by: M. Bulterman and J. Langers, acting as Agents)

Defendant: European Commission

Form of order sought

Annul Regulation No 119/2013, in so far as Article 1(2) of Regulation No 119/2013 cannot be separated from the other provisions of that regulation. Article 1(2) of Regulation No 119/2013 lies at the core of that regulation, and the other provisions are therefore of no significance without Article 1(2);

in the alternative, annul Article 1(2) of Regulation No 119/2013;

order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

First plea in law, alleging infringement of Article 5(3) of Regulation No 2494/95 ² because Eurostat is designated the entity that is to establish and update the guidelines.

Second plea in law, alleging infringement of Article 13(2) TEU in that Eurostat has been authorised to establish and update legally binding guidelines.

Third plea in law, alleging infringement of Article 338(1) TFEU in that guidelines, instead of one of the legal instruments listed in Article 288 TFEU, are used for the purposes of establishing harmonised indices of consumer prices at constant tax rates (HICP-CT).

Fourth plea in law, alleging infringement of Articles 5(3) and 14(3) of Regulation No 2494/95, read in conjunction with Article 5a of Decision 1999/468,  in that a different procedure is laid down than the regulatory procedure with scrutiny.

Fifth plea in law, alleging infringement of Article 291 TFEU, read in conjunction with Regulation No 182/2011,  in relation to the failure to prescribe one of the procedures laid down in Regulation No 182/2011 for the establishment and updating of the guidelines.

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¹ - Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (OJ 1995 L 257, p. 1).

² - Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23).

³ - Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ 2011 L 55, p. 13).