Official Journal of the European Union

C 63/26

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(Case C-787/22 P)

(2023/C 63/33)

Language of the case: English

Parties

Appellant: ‘Sistem ecologica’ production, trade and services d.o.o. Srbac (represented by: D. Diris, advocaat, D. Rjabynina, advocaat)

Other party to the proceedings: European Commission

Form of order sought

The appellant claim that the Court should:

—Declare the Appeal admissible and well-founded;

—Set aside the judgement delivered by the General Court on 19 October 2022 in Case T-81/21;

—Order the Commission to pay the costs.

Pleas in law and main arguments

First plea in law, alleging an infringement of Article 263 TFEU, Regulation No 883/2013 (1) and Regulation No 1049/2001 (2), as well as a failure to state reasons and contradictory reasoning in the examination of the admissibility of the action for annulment;

Second plea in law, alleging an infringement of Article 124 of the Bosnian-European Agreement, Article 7(2) and (4) of Protocol 5, Articles 21 juncto 51 CFR and Regulation No 883/2013 in the examination of the applicable law and OLAF’s responsibility in general and in particular during the inspection of 4 December 2019;

Third plea in law, alleging an infringement of the appellant’s privilege against self-incrimination during the inspection of 4 December 2019;

Fourth plea in law, alleging an incorrect application or interpretation of Regulation No 883/2013 as to OLAF’s internal advisory and control mechanism and the appellant’s right to lodge a complaint;

Fifth plea in law, alleging a failure to state reasons and a contradictory reasoning as to the appellant’s right to be heard;

Sixth plea in law, alleging a failure to state reasons as regards the impartiality of OLAF’s Director-General;

Seventh plea in law, alleging an infringement of, and contradictory reasoning as to the appellant’s rights of defense and in particular Article 9(1) Regulation No 883/2013 with regard to the sampling carried out by Croatian Customs upon OLAF’s request.

(1) Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ 2013, L 248, p. 1)

(2) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001, L 145, p. 43)

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