Action brought on 15 July 2011 - Palirria Souliotis v Commission

(Case T-380/11)

Language of the case: English

Parties

Applicant: Anonymi Viotechniki kai Emporiki Etairia Kataskevis Konservon - Palirria Souliotis AE (Psacha, Greece) (represented by: S. Pappas, lawyer)

Defendant: European Commission

Form of order sought

Annul Commission Implementing Regulation (EU) No 447/2011 of 6 May 2011 concerning the classification of certain goods in the Combined Nomenclature (OJ 2011 L 122, p. 63); and

Order the Commission to bear the costs of the proceedings.

Pleas in law and main arguments

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

1.    First plea in law, alleging that the Commission infringed an essential procedural requirement as it failed to properly consult the Nomenclature Committee. In addition, the Commission failed to address the opinion submitted by the applicant.

2.    Second plea in law, alleging that the Commission exceeded the limits of the powers conferred upon it by Article 9 of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1)

3.    Third plea in law, alleging that the Commission erred in law by classifying tinned stuff wine leaves under the CN-code set out in the annex to the contested regulation.

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