| 16.5.2022 | EN | Official Journal of the European Union | C 198/53 |
Action brought on 14 March 2022 — Netherlands v Commission
(Case T-137/22)
(2022/C 198/77)
Language of the case: Dutch
Parties
Applicant: Kingdom of the Netherlands (represented by: and M. Bulterman and J. Langer, acting as Agents)
Defendant: European Commission
Form of order sought
The applicant claims that the General Court should:
| — | annul the Commission decision bearing reference number Ares (2022) 99942 refusing the request of the Kingdom of the Netherlands for an extension by 4 years in addition to the 8-year period rule for the recovery of unduly paid amounts resulting from the FresQ case, and |
| — | order the 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 that the contested decision is based on an erroneous assumption that the recovery procedure in the FresQ case is not yet finalised. |
| 2. | Second plea in law, alleging that the Commission makes an erroneous application of the third subparagraph of Article 54(2) of Regulation No 1306/2013 in so far as it assumes that the exceedance of the 8-year period for the recovery of the unduly paid amounts resulting from the FresQ case is attributable to the Netherlands. |