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(Case T-177/12) (*)
((REACH - Fee for registration of a substance - Reduction granted to micro-, small and medium-sized enterprises - Error in declaration relating to the size of the enterprise - Decision imposing an administrative charge - Proportionality))
(2014/C 395/44)
Language of the case: German
Applicant: Spraylat GmbH (Aachen, Germany) (represented by: K. Fischer, lawyer)
Defendant: European Chemicals Agency (ECHA) (represented by: M. Heikkilä, A. Iber and C. Schultheiss, Agents, and M. Kuschewsky, lawyer)
Intervener in support of the defendant: European Commission (represented initially by: D. Düsterhaus and E. Manhaeve, and subsequently by B. Eggers and M. Manhaeve, Agents)
Action for annulment of invoice No 10030371 issued by the ECHA on 21 February 2012 setting the amount of the administrative charge imposed on the applicant and a precautionary application to annul Decision SME (2012) 1445 of the ECHA of 15 February 2012 which states that the applicant does not fulfil the conditions to receive a reduction of the fee for small enterprises and imposing an administrative charge on it.
The Court:
1.Annuls Decision SME (2012) 1445 of the European Chemicals Agency (ECHA) of 15 February 2012 and invoice No 10030371 issued by the ECHA on 21 February 2012;
2.Orders the ECHA to bear its own costs and to pay those incurred by Spraylat GmbH;
3.Orders the European Commission to bear its own costs.
(*) Language of the case: German.
OJ C 174, 16.6.2012.