31.7.2023

Official Journal of the European Union

C 271/19

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(Case C-366/23 P)

(2023/C 271/26)

Language of the case: French

Parties

Appellant: Compagnie industrielle de la matière végétale (CIMV) (represented by: B. Le Bret, R. Rard and P. Renié, avocats)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

—declare the present appeal admissible and well founded;

—set aside the judgment under appeal; and

—give a final ruling on the substance in accordance with Article 61 of the Statute of the Court of Justice and, primarily, grant the form of order sought by CIMV at first instance or, in the alternative, annul Article 3 of the Commission’s decision in so far as it provides for enforcement;

—in the further alternative, refer the case back to the General Court;

—order the Commission to pay all the costs.

Grounds of appeal and main arguments

In support of the appeal, the appellant relies on two grounds of appeal:

First, the General Court erred in law and distorted the facts in its assessment of the breach of the principle of the protection of legitimate expectations, in that it should have found that the Commission breached that principle, in view of the legitimate expectation created by the Commission’s response to CIMV.

Secondly, the General Court erred in law and distorted the facts in that it should have held that the decision was adopted in breach of the rights of defence and of the right to be heard, in view of the considerable time that elapsed between the examination of the file, the last communication with the appellant and the adoption of the decision.

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