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Case T-178/15: Action brought on 8 April 2015 — Kohrener Landmolkerei and DHG v Commission
ECLI:EU:UNKNOWN:62015TN0178
62015TN0178
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27.7.2015
Official Journal of the European Union
C 245/30
(Case T-178/15)
(2015/C 245/36)
Language of the case: Germany
Parties
Applicants: Kohrener Landmolkerei GmbH (Penig, Germany) and DHG Deutsche Heumilchgesellschaft mbH (Frohburg, Germany) (represented by: A. Wagner, Lawyer)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
—annul the European Commission’s decision of 2 March 2015;
—allow the claimants’ opposition of 23 December 2014 in proceedings AT-TSG-0007-01035.
Pleas in law and main arguments
In support of the action, the applicants claim that the contested decision is vitiated by an error of law and should therefore be annulled. Under Article 51 of Regulation (EU) No 1151/2012, the applicants, as persons lodging a notice of opposition, had a three-month period in which they were required to lodge a notice of opposition with the national authorities if they wished to lodge an opposition to an application for a traditional speciality guaranteed. They state that the publication at issue (OJ 2014 C 340, p. 6) was effected on 30 September 2014 and that on 23 December 2014 the opposition was lodged with the national authorities. The applicants allege that they are not responsible for any subsequent inobservance of a time-limit. They add that they alone cannot influence the timeous action of the competent authority with regard to the forwarding of oppositions to the Commission and that the contested decision did not have regard to the fact that the notice of opposition was lodged in time. That decision had regard only to the date at which the notice was received by the European Commission.
In addition, it is claimed that Article 51 of Regulation No 1151/2012 does not lay down a time-limit for the forwarding of the notice of opposition through a national authority. It is therefore only the applicants’ submission of the notice of opposition to the national authorities which is relevant.
(1) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ 2012 L 343, p. 1).