23.2.2015

EN

Official Journal of the European Union

C 65/40

(Case T-810/14)

(2015/C 065/55)

Language of the case: Portuguese

Parties

Applicant: Portuguese Republic (represented by: L. Inez Fernandes, J. Arsénio de Oliveira and S. Nunes de Almeida, Agents)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—Declare invalid the notice of assessment submitted by the General Secretariat of the European Commission by letter 2014D/14507 of 6 October 2014.

—Order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law.

1.First plea in law, alleging appropriation of the powers of the European Union jurisdictional area by the Commission, thereby constituting a lack of competence.

2.Second plea in law, alleging infringement of the Treaties or of any rule of law relating to their application, as the act is based on an artificial division of the effects of the judgment of the Court of Justice in Case C-292/1.

3.Third plea in law, alleging breach of res judicata, as the act was carried out in breach of the Treaties or of any rule of law relating to their application.

4.Fourth plea in law, alleging breach of the principles of legal certainty, the stability of legal relations and legitimate expectations, recognised by EU law.

5.Fifth plea in law, alleging breach of the principle of the prohibition against double penalties, which precludes obtaining, through a new individual legal act, what could not be obtained previously by means of annulment judgments.

6.Sixth plea in law, alleging infringement of the division of powers between the Commission and the Member States, constituting a lack of competence, in that the Commission tried to restrict the right of Member States to determine a reasonable period for a provision to come into effect.