EN

Official Journal of the European Union

C 296/38

(Case T-347/16)

(2016/C 296/48)

Language of the case: Italian

Parties

Applicant: Inox Mare Srl (Rimini, Italy) (represented by: R. Holzeisen, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should annul Commission Decision C(2015) 9672 final of 6 January 2016 finding that repayment of import duties is not justified in a particular case (REM 02/14) and order the Commission to pay the costs.

Pleas in law and main arguments

The decision contested in the present case is the follow-up to the decision contested in Case T-289/16, Inox Mare v Commission.

In support of its action, the applicant claims that the contested measure is unlawful as a result of the serious irregularities in the related investigation procedure conducted by OLAF and concluded by the Final Report contested in Case T-289/16, as cited above.

In concrete terms, the contested measure is vitiated by:

Infringement and incorrect application of the Community legislation on the anti-dumping duty.

Infringement and incorrect application of the Philippine and Community legislation on the duty, conferred on the Philippine customs authorities, to verify the origins of goods certified by those authorities.

Infringement and incorrect application of Article 220(2)(b) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1).

Therefore, in its heads of claim the applicant seeks annulment of the contested decision for infringement of the Treaties and the rules of law relating to their application and for infringement of the Charter of Fundamental Rights of the European Union, in particular Article 41 thereof.