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Case T-71/09: Order of the General Court of 5 January 2010 — Química Atlântica v Commission (Action for failure to act — Adoption of a position — Article 44(1)(c)of the Rules of Procedure of the Court of First Instance — Inadmissibility)
ECLI:EU:UNKNOWN:62009TB0071
62009TB0071
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27.2.2010
Official Journal of the European Union
C 51/32
(Case T-71/09) (<span class="super">1</span>)
(Action for failure to act - Adoption of a position - Article 44(1)(c)of the Rules of Procedure of the Court of First Instance - Inadmissibility)
2010/C 51/62
Language of the case: Portuguese
Parties
Applicant: Química Atlântica Lda (Lisbon, Portugal) (represented by: J. Teixeira Alves, lawyer)
Defendant: European Commission (represented by: M. Afonso and L. Bouyon, acting as Agents)
Re:
Application for a declaration that the Commission failed to act in that it unlawfully failed to take the measures necessary to harmonise the tariff heading criteria for dicalcium phosphate, and an application for reimbursement of the difference between the amounts that the applicant has had to pay since 1995 by way of customs duties and those which would have been payable had the rate for Tariff Code 28 35 52 90 been applied to the importation of dicalcium phosphate from Tunisia or an indemnity of an equivalent amount.
Operative part of the order
1.The action is dismissed.
2.There is no need to adjudicate on Timab Ibérica SL’s application to intervene application.
3.Química Atlântica Lda is ordered to pay its own costs as well as those of the European Commission.
(<span class="note"> <a id="ntr1-C_2010051EN.01003202-E0001" href="#ntc1-C_2010051EN.01003202-E0001">*1</a> </span>) OJ C 113, 16.5.2009.