Official Journal of the European Union

C 145/31

(Case T-149/11)

2011/C 145/52

Language of the case: German

Parties

Applicant: GS Gesellschaft für Umwelt- und Energie-Serviceleistungen mbH (Eigeltingen, Germany) (represented by: J. Schmidt, lawyer)

Defendant: European Parliament and Council of the European Union

Form of order sought

—Annul the second sentence of Article 8(2) of Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation;

—Order the defendants to pay the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging that the contested regulation infringes Articles 15 and 16 of the Charter of Fundamental Rights of the European Union

—The applicant submits in that regard that Article 8(2) of Regulation (EU) No 1210/2010 infringes its freedom to exercise its professional activities and its commercial freedom, since it suffered a decline in turnover after the entry into force of the contested regulation.

2.Second plea in law, alleging that the contested regulation infringes Article 17 of the Charter of Fundamental Rights of the European Union

—The applicant submits that Article 8(2) of Regulation No 1210/2010 also infringes its right of ownership, since that rule restricts the exercise of its right in the established and operating business.

—Further, the contested regulation makes possible a direct infringement of the applicant’s property rights, since the euro coins in its possession are being withdrawn without compensation.

3.Third plea in law, alleging the unsuitability of the contested regulation for the achievement of the aim pursued and the disproportionality of the contested regulation

—In that regard, the applicant submits that the freedom to exercise professional activities, commercial freedom and property rights can be subject to restrictions, in so far as they pursue aims in the general interest and do not represent a disproportionate infringement in relation to the aim pursued. The applicant states that the contested regulation is superfluous, unsuitable to achieve the legislature’s aim and not capable of justifying infringement of the applicant’s fundamental rights.

*

Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation (OJ 2010 L 339, p. 1).