Judgment_paragraph 27 · K Chimica Srl v European Chemicals Agency (T-675/13)

27In the present case, it should be noted that, unlike the situation which gave rise to the judgment of 2 October 2014, Spraylat v ECHA (T‑177/12, EU:T:2014:849), Decision SME(2013) 2249, to which reference is made in the contested decision, expressly refers to Decision MB/D/29/2010, as amended by Decision MB/21/2012/D, and states that the ‘ECHA will issue ... an invoice for an administrative charge for the amount of [EUR 19900]’. Decision SME(2013) 2249 also indicates that the ECHA was going to issue a supplementary invoice per submission to cover the difference between the fee initially paid and the fee provided for by Regulation No 340/2008 for a large enterprise. The ECHA, in the contested decision, also stated that it would contact the applicant in respect of new invoices to replace invoices No 10043953 and No 10043954 issued following the adoption of Decision SME(2013) 2249 and the due date of which had passed. It follows that the contested decision, read in the light of Decision SME(2013) 2249, contained the essential elements of the applicant’s obligations to the ECHA. Therefore, invoices No 10045647 and No 10045649 are measures implementing this decision and constitute confirmatory measures within the meaning of the case-law cited in paragraph 26 above (see, by analogy, order of 30 June 2009, CPEM v Commission, T‑106/08, not published, EU:T:2009:228, paragraph 32).