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Case T-203/22: Action brought on 15 April 2022 — Netherlands v Commission
ECLI:EU:UNKNOWN:62022TN0203
62022TN0203
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Official Journal of the European Union
C 237/59
(Case T-203/22)
(2022/C 237/76)
Language of the case: Dutch
Parties
Applicant: Netherlands (represented by: M. Bulterman and J. Langer, acting as Agents)
Defendant: Commission
Form of order sought
—annul the decision of the European Commission of 15 February 2022 bearing reference number Ref. Ares (2022) 1097097 rejecting the request of the Kingdom of the Netherlands for review of the decision of 6 January 2022 and for an extension of four years of the eight-year period for recovery of amounts wrongly paid in the FresQ case;
—order the European Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging that the decision of 15 February 2022 is based on the incorrect assumption that the recovery procedure is not yet concluded.
2.Second plea in law, alleging that the European Commission misapplies the third subparagraph of Article 54(2) of Regulation 1306/2013 in so far as it assumes that the exceedance of the eight-year period is attributable to the Kingdom of the Netherlands.