Official Journal of the European Union

C 189/10

Action brought on 25 April 2013 — Kingdom of the Netherlands v European Commission

(Case C-223/13)

2013/C 189/20

Language of the case: Dutch


Applicant: Kingdom of the Netherlands (represented by: M.K. Bulterman, J. Langer, acting as Agents)

Defendant: European Commission

Form of order sought

Annul Commission Regulation (EU) No 93/2013 of 1 February 2013 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices, as regards establishing owner-occupied housing price indices (OJ 2013 L 33, p. 14) in so far as Article 4(1) of Regulation No 93/2013 cannot be separated from the other provisions of that regulation;

in the alternative, annul Article 4(1) of Regulation No 93/2013;

order the European Commission to pay the costs.

Pleas in law and main arguments


First plea:

Infringement of Article 5(3) of Regulation No 2494/95 (1) and/or of the case-law of the Court of Justice as, under Article 4(1) of Regulation No 93/2013, Eurostat is designated the entity that is to establish a legally binding manual, and not the Commission as an EU institution.


Second plea:

Infringement of Article 338(1) TFEU by the use in Article 4(1) of Regulation No 93/2013, for the purposes of the compilation of statistical information, of a handbook instead of one of the legal instruments listed in Article 288 TFEU.


Third plea:

Infringement of Articles 5(3) and 14(3) of Regulation No 2494/95, read in conjunction with Article 5a of Decision 1999/468, (2) in that a different procedure is laid down in Article 4(1) of Regulation No 93/2013 than the regulatory procedure with scrutiny required under Regulation No 2494/95.


Fourth plea:

Infringement of Articles 290 TFEU and 291 TFEU, read in conjunction with Regulation No 182/2011, (3) in that the procedure laid down with regard to the establishment and updating of a handbook is not the procedure under Article 290 TFEU or one of the procedures provided for in Regulation No 182/2011.

(1)  OJ 1995 L 257, p. 1.

(2)  Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23).

(3)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ 2011 L 55, p. 13).