(Case T-239/18)

Language of the case: French

Parties

Applicant: Société Kammama Saber (S.K.S) Import Export (Sousse Jawhara, Tunisia) (represented by: H. Chelly, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—declare the application admissible and well-founded;

—partially annul Commission Delegated Regulation (EU) 2018/212 of 13 December 2017 in so far as it adds Tunisia to the list of third countries which present strategic deficiencies in their regimes on anti-money-laundering and countering terrorist financing;

—order the Commission to pay all the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging lack of competence on the part of the Commission and infringement of essential procedural requirements in so far as the Commission exceeded its powers under the terms of the Association Agreement between Tunisia and the European Union, pursuant to which the Commission should have submitted the question to the Association Council so the latter could resolve the dispute or, alternatively, allow the parties to take the necessary measures to protect their interests.

2.Second plea in law, alleging manifest error of assessment as regards, first, the evaluation of Tunisia by the European Union and, secondly, the evaluation of Tunisia by the Financial Action Task Force. In that regard, the applicant considers that the Commission failed to take appropriate measures to manage the increased risk to the economic development process in Tunisia resulting from the contested delegated regulation.

3.Third plea in law, alleging infringement of the EU Treaties, in particular Article 216(2) TFEU, according to which international agreements are binding on the institutions.