Official Journal of the European Union

C 200/8

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(Case C-239/12 P)

2012/C 200/14

Language of the case: English

Parties

Appellant: Abdulbasit Abdulrahim (represented by: H.A.S. Miller, Solicitor, E. Grieves, Barrister)

Other parties to the proceedings: Council of the European Union, European Commission

Form of order sought

The applicant seeks the following order if successful on both pleas:

—the Order of the General Court dated 28.2.12 is quashed

—it is declared that the action for annulment is not devoid of purpose

—the matter be remitted back to the General Court for it to determine the annulment application

—the Commission do pay the costs of this appeal and the costs in the General Court below, including those of making representations upon the Court's invitation.

Pleas in law and main arguments

The Appellant bases his appeal on the following two pleas in law:

—that the General Court erred when it failed to:

—hear from the Advocate-General, and/or;

—invite representations from the appellant as to whether the application for annulment was devoid of purpose, and/or;

—open the oral procedure on the question of whether the application for annulment was devoid of purpose.

—the General Court erred in finding that the action for annulment was not capable of conferring material advantage upon the appellant.

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