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Case T-846/19: Action brought on 12 December 2019 — Golden Omega v Commission
ECLI:EU:UNKNOWN:62019TN0846
62019TN0846
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24.2.2020
Official Journal of the European Union
C 61/48
(Case T-846/19)
(2020/C 61/62)
Language of the case: Dutch
Parties
Applicant: Golden Omega S.A. (Santiago, Chile) (represented by: S. Moolenaar, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
—annul Commission Implementing Regulation (EU) 2019/1661 of 24 September 2019 concerning the classification of certain goods in the Combined Nomenclature (OJ 2019 L 251, p. 1) in its entirety.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging that the Commission exceeded its powers under Article 9(1) of Regulation 2658/87 by unlawfully altering the scope of CN heading 1516.
2.Second plea in law, alleging that the Commission exceeded its powers under Article 9(1) of Regulation 2658/87 by unlawfully amending the customs tariff because that implementing regulation amends the customs tariff, in so far products are excluded by that implementing regulation from a CN heading in which the product at issue should be categorised on the basis of its objective characteristics and properties.