Judgment of the General Court of 15 September 2016 — Marchi Industriale v ECHA
(Case T-620/13) 1
(REACH — Fee for registration of a substance — Reduction granted to micro-, small and medium-sized enterprises — Error in declaration relating to the size of the enterprise — Recommendation 2003/361/EC — Decision imposing an administrative charge — Determination of the size of the undertaking — Power of the ECHA — Obligation to state reasons)
Language of the case: Italian
Parties
Applicant: Marchi Industriale SpA (Florence, Italy) (represented by: M. Baldassarri and F. Donati, lawyers)
Defendant: European Chemicals Agency (represented initially by M. Heikkilä, A. Iber, E. Bigi, J.-P. Trnka and E. Maurage, and subsequently by M. Heikkilä, E. Bigi, J.-P. Trnka and E. Maurage, Agents, and by C. Garcia Molyneux, lawyer)
Re:
Application, first, under Article 263 TFEU, for annulment of Decision SME(2013) 3747 of the ECHA of 19 September 2013, which states that the applicant does not fulfil the conditions to receive a reduction of the fee for medium-sized enterprises and imposing an administrative charge on it and, second, under Article 263 TFEU for annulment of the invoices issued by the ECHA following adoption of Decision SME(2013) 3747.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Marchi Industriale SpA to pay the costs.
____________1 OJ C 24, 25.1.2014.