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Case T-81/21: Judgment of the General Court of 19 October 2022 — Sistem ecologica v Commission (Regulation (EU, Euratom) No 883/2013 — Investigation into evasion of the conventional, countervailing and anti-dumping duties imposed on imports of biodiesel into the European Union — OLAF Communication to national customs authorities — OLAF investigation report — Action for annulment — Act not open to challenge — Claim for compensation — Sufficiently serious breach of a rule of law intended to confer rights on individuals)
ECLI:EU:UNKNOWN:62021TA0081
62021TA0081
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12.12.2022
Official Journal of the European Union
C 472/35
(Case T-81/21) (*)
(Regulation (EU, Euratom) No 883/2013 - Investigation into evasion of the conventional, countervailing and anti-dumping duties imposed on imports of biodiesel into the European Union - OLAF Communication to national customs authorities - OLAF investigation report - Action for annulment - Act not open to challenge - Claim for compensation - Sufficiently serious breach of a rule of law intended to confer rights on individuals)
(2022/C 472/38)
Language of the case: English
Parties
Applicant: ‘Sistem ecologica’ production, trade and services d.o.o. Srbac (Srbac, Bosnia and Herzegovina) (represented by: D. Diris, D. Rjabynina, C. Kocks and C. Verheyen, lawyers)
Defendant: European Commission (represented by: J. Baquero Cruz and T. Materne, acting as Agents)
Re:
By its action under Articles 263 and 268 TFEU, the applicant seeks, first, annulment of the final investigation report adopted by the European Anti-Fraud Office (OLAF) on 8 December 2020 and of OLAF’s decisions contained in a communication sent on 9 June 2020 to the Member States, in letters of 25 and 27 November 2020 and in letters of 8 and 21 December 2020 and, second, compensation in respect of the damage allegedly suffered by the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders ‘Sistem ecologica’ production, trade and services d.o.o. Srbac to pay the costs.
(*)
Language of the case: English.
ECLI:EU:C:2022:140