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Case C-16/16 P: Appeal brought on 11 January 2016 by the Kingdom of Belgium against the order of the General Court (Second Chamber) of 27 October 2015 in Case T-721/14 Kingdom of Belgium v European Commission

ECLI:EU:UNKNOWN:62016CN0016

62016CN0016

January 11, 2016
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25.4.2016

Official Journal of the European Union

C 145/14

(Case C-16/16 P)

(2016/C 145/18)

Language of the case: Dutch

Parties

Appellant: Kingdom of Belgium (represented by: L. Van den Broeck, M. Jacobs and J. Van Holm, acting as Agents, and P. Vlaemminck and B. Van Vooren, advocaten)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

set aside the order of the General Court in Case T-721/14 in its entirety;

declare the action for annulment to be admissible;

rule on the merits;

declare the applications to intervene lodged by the Hellenic Republic and the Portuguese Republic to be admissible; and

order the Commission to pay the costs.

Grounds of appeal and main arguments

First ground of appeal: infringement of the principles of allocation of powers, loyalty and institutional balance, and misapplication of the conditions set out in Article 263 TFEU.

Second ground of appeal: infringement of the reciprocity of the principle of loyalty and undermining of the position of the Member State as a privileged applicant with a view to safeguarding its prerogatives.

Third ground of appeal: incorrect interpretation of the legal consequences of the recommendation with respect to Belgium.

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