11.8.2012   

EN

Official Journal of the European Union

C 243/31


Action brought on 15 June 2012 — Alfastar Benelux v Council

(Case T-274/12)

2012/C 243/55

Language of the case: English

Parties

Applicant: Alfastar Benelux (Ixelles, Belgium) (represented by: N. Keramidas and N. Korogiannakis, lawyers)

Defendant: Council of the European Union

Form of order sought

Declare and rule that the defendant has failed to fulfil its obligation under Article 266 TFEU, since, despite having been formally invited to do so, it failed to take any measure to comply with the judgment of the General Court of the European Union issued on 20 October 2011 in Case T-57/09 Alfastar Benelux v Council and to define its position in that regard within the time limit set thereon;

Order the defendant to take all necessary measures to comply with the judgment of the General Court of the European Union issued on 20 October 2011 in Case T-57/09 Alfastar Benelux v Council and to define its position in that regard;

Order the defendant to pay to the applicant damages for the amount of EUR 20 000 based on Article 340 TFEU; and

Order the defendant to pay the applicant’s legal and other costs and expenses incurred in connection with this application, even if the current application is rejected.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging that the defendant failed to fulfil its obligation under Article 266 TFEU, since, despite having been formally invited to do so, it failed to take any measure to comply with the judgment of the General Court of the European Union issued on 20 October 2011 in Case T-57/09 Alfastar Benelux v Council and to define its position in that regard within the time limit set thereon.