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Case T-716/16: Action brought on 10 October 2016 — Pfizer and Pfizer Santé Familiale v Commission
ECLI:EU:UNKNOWN:62016TN0716
62016TN0716
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Valentina R., lawyer
12.12.2016
EN
Official Journal of the European Union
C 462/29
(Case T-716/16)
(2016/C 462/38)
Language of the case: English
Parties
Applicants: Pfizer Ltd (Sandwich, United Kingdom), Pfizer Santé Familiale (Paris, France) (represented by: L. Catrain González, lawyer, and E. Wright, barrister-at-law)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
—annul Commission Implementing Regulation (EU) 2016/1140 of 8 July 2016 concerning the classification of certain goods in the Combined Nomenclature (OJ 2016 L 189, p. 1);
—order the European Commission to pay the costs of the proceedings.
Plea in law and main arguments
In support of the action, the applicant relies on one plea in law, alleging that the European Commission infringed the Combined Nomenclature by failing to follow the precise order prescribed by the General Rules of interpretation in Chapter A of Part I of the Combined Nomenclature for the classification of goods.
—The Commission committed an error of law by applying General Rule 3 in the classification of a good which is not prima facie classifiable under two or more headings of the Combined Nomenclature; and
—the Commission committed a second error of law by applying General Rule 3(b) without applying General Rule 3(a), which gives priority to the classification under the more specific headings.