Comunicazioni sulla GU nº T-602/18 of Tribunal General de la Unión Europea, November 16, 2018
Resolution Date | November 16, 2018 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-602/18 |
Ricorso proposto il 5 ottobre 2018 - Ayuntamiento de Enguera/Commissione
(Causa T-602/18)
Lingua processuale: lo spagnolo
Parti
Ricorrente: Ayuntamiento de Enguera (Enguera, Spagna) (rappresentanti: J. Palau Navarro, J. Ortiz Ballester e V. Soriano i Piqueras, avvocati)
Convenuta: Commissione europea
Conclusioni
Il ricorrente chiede che il Tribunale voglia:
annullare la decisione del 26 luglio 2018 adottata dal capo dell’unità «ENV.D.4 - Life Programme», della direzione «D Capital Natural», della direzione generale dell’ambiente della Commissione europea, nell’ambito del caso «LIFE 10 ENV/ES/000458 - ECOGLAUCA ÉRGON - Confirmation of recovery order».
Motivi e principali argomenti
A sostegno del suo ricorso, il ricorrente deduce cinque motivi.
Primo motivo, vertente sulla violazione dell’articolo 296 TFUE in quanto la decisione impugnata è priva di qualsiasi motivazione.
Secondo motivo, vertente sull’inesattezza della motivazione, nell’ipotesi in cui si ammettesse l’esistenza di una motivazione implicita.
Terzo motivo, vertente sulla violazione del diritto ad una buona amministrazione previsto dall’articolo 41 della Carta dei diritti fondamentali dell’Unione europea, per il fatto che:
il diritto di ogni persona di essere ascoltata prima che nei suoi confronti venga adottato un provvedimento individuale che le reca pregiudizio è stato violato. Nel caso di specie, infatti, non si è affatto tenuto conto degli scritti difensivi presentati dal ricorrente, né quest’ultimo è stato invitato a presentare osservazioni prima dell’adozione della decisione definitiva;
le richieste di accesso all’integralità del fascicolo formulate dal ricorrente...
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