Official Journal of the European Union

C 89/17

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(Case C-37/12 P)

2012/C 89/26

Language of the case: French

Parties

Appellant: Saupiquet SAS (represented by: R. Ledru, avocat)

Other party to the proceedings: European Commission

Form of order sought

—Annul in its entirety the judgment of the General Court of the European Union of 24 November 2011 in Case T-131/10 Saupiquet v Commission;

—Grant in their entirety the forms of order sought in the present appeal and those sought at first instance by the undertaking Saupiquet;

—Order the European Commission to pay the costs.

Pleas in law and main arguments

In support of its appeal, the appellant alleges, firstly, infringement by the General Court of the fundamental principles of equal treatment and non-discrimination and, in consequence, of Articles 2 and 9 of the Treaty on European Union, Article 8 of the Treaty on the Functioning of the European Union and Articles 20 and 21 of the Charter of Fundamental Rights.

Secondly, the appellant alleges that the General Court infringed Article 3 of the Treaty on the Functioning of the European Union, conferring power and, in particular, exclusive responsibility on the Union in respect of customs matters.

Thirdly, the appellant alleges infringement of Articles 247 and 247a of the Community Customs Code. (1)

Fourthly and lastly, the appellant alleges infringement of Article 7 of Council Regulation No 975/2003. (2)

In fact, contrary to the findings of the General Court, it follows from the combined application of the texts referred to above that the Commission must be held liable for the negative consequences of the closure of customs offices on Sundays in certain Member States and must take the measures necessary to remedy those consequences.

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(1) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1).

(2) Council Regulation (EC) No 975/2003 of 5 June 2003 opening and providing for the administration of a tariff quota for imports of canned tuna covered by CN codes 1604 14 11, 1604 14 18 and 1604 20 70 (OJ 2003 L 141, p. 1).

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