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Case T-147/15: Action brought on 30 March 2015 — Czech Republic v Commission
ECLI:EU:UNKNOWN:62015TN0147
62015TN0147
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29.6.2015
EN
Official Journal of the European Union
C 213/38
(Case T-147/15)
(2015/C 213/63)
Language of the case: Czech
Parties
Applicant: Czech Republic (represented by: M. Smolek, T. Müller, J. Očková and J. Vláčil, acting as Agents)
Defendant: European Commission
Form of order sought
—annul Commission Decision BUDG/B/3/RDL D(15)217973 of 20 January 2015 refusing the application for release from the obligation to provide own resources in the sum of CZK 5 3 9 76 340,00 in accordance with Article 17(2) of Council Regulation (EC, Euratom) No 1150/2000 (1);
—order the European Commission to pay the costs.
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 breach of Article 17(1) and (2) of Council Regulation No 1150/2000
—The applicant submits in this connection that by adopting the contested decision the Commission infringed Article 17(1) and (2) of Council Regulation No 1150/2000, in that it incorrectly came to the conclusion that the Czech Republic had not taken all the necessary measures for providing an amount of EU own resources to the Commission, and in that it requires provision of an amount which could not be excluded on grounds which were not attributable to the Czech Republic.
2.Second plea in law, alleging breach of Article 41 of the Charter of Fundamental Rights of the European Union and the rights of defence of the Czech Republic
—The applicant submits on this point that by adopting the contested decision the Commission infringed Article 41 of the Charter of Fundamental Rights of the European Union and the rights of defence of the Czech Republic, in that it did not enable the Czech Republic to express its point of view purposefully and effectively.
Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities’ own resources (OJ 2000 L 130, p. 1).