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Case T-397/23: Action brought on 11 July 2023 — Ausnit, Olariu și Asociații v Commission
ECLI:EU:UNKNOWN:62023TN0397
62023TN0397
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Valentina R., lawyer
28.8.2023
EN
Official Journal of the European Union
C 304/31
(Case T-397/23)
(2023/C 304/38)
Language of the case: Romanian
Parties
Applicant: Ausnit, Olariu și Asociații SRL (Lugoj, Romania) (represented by: F. Irimia, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul European Commission Decision C(2023) 3232 final of 10 May 2023.
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law:
1.The decision has no legal basis, having been adopted on the basis of an erroneous interpretation and application of the provisions of Article II.19.1.(f) of the grant agreement, in conjunction with Article 30 of Regulation No 966/2012 applicable to the agreement in accordance with Article 279(3) of Regulation No 1046/2018.
2.The contested decision was adopted in breach of the principle of proportionality enshrined in Article 135 of Regulation No 966/2012, following the provisions of Article II.27.6 of the grant agreement, in breach of Article II.25.4 of that agreement and in breach of Article 5 TFEU and the provisions of Additional Protocol No 2.
3.The contested decision is contrary to the principle of the protection of legitimate expectations.