Action brought on 22 March 2010 - Saupiquet v Commission

(Case T-131/10)

Language of the case: French

Parties

Applicant: Saupiquet (Courbevoie Cedex, France) (represented by: R. Ledru, lawyer)

Defendant: European Commission

Form of order sought

annul, in full, Commission Decision No REM 07/08 of 16 December 2009;

order the European Commission to pay the costs.

Pleas in law and main arguments

By the present action, the applicant seeks the annulment of Commission Decision C (2009) 10005 final of 16 December 2009, informing the French authorities that the repayment to the applicant of import duties on cans of tuna originating in Thailand is not justified (file REM 07/08).

In support of its action, the applicant submits that the Commission failed to fulfil its obligation to guarantee that importers, established in France or in other Member States in which customs offices are legally closed on Sundays, who lodged their customs declarations on Monday 2 July 2007 would have equal and non-discriminatory access to quota No 09.2005 for the period 2007/2008,

by not taking, in the circumstances of the present case in which that quota was opened on Sunday, 1 July 2007, regulatory measures that would have made it possible to treat those importers in a manner that is equal and free from discrimination;

by not postponing the date of opening of that quota until Monday, 2 July 2007, even though the quota in question was very critical.

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