Judgment of the Court (Seventh Chamber) of 19 October 2023 –Airoldi Metalli v Commission (Case C‑764/22 P)
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62022CJ0764_INF@2023-10-19/en
1. Action for annulmentNatural or legal personsRegulatory acts entailing implementing measuresConceptRegulation imposing anti-dumping dutiesIncludedImplementation of an electronic system for the exchange of information between economic operators and national customs authoritiesIrrelevant (Art. 263, fourth para., TFEU; Commission Regulation 2021/1784) (see paragraphs 40-55)
2. AppealGroundsIncorrect assessment of the facts and evidenceInadmissibilityReview by the Court of Justice of the assessment of the facts and evidencePossible only where the facts or evidence have been distortedGround of appeal alleging distortion of the clear sense of the evidenceNeed to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortionRequirement that the distortion be obvious from the documents in the file (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paragraphs 56-58, 84)
3. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themIndividual concernCriteriaRegulation imposing anti-dumping dutiesImporter of the product concerned individually concernedConditions (Art. 263, fourth para., TFEU; Commission Regulation 2021/1784) (see paragraphs 68-71)
4. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themRegulation imposing anti-dumping dutiesAction by an undertaking which has participated in the administrative procedureCharacteristic insufficient for a finding that it has capacity to bring an action (Art. 263, fourth para., TFEU; Commission Regulation 2021/1784) (see paragraphs 74-76, 81)
5. Action for annulmentNatural or legal personsMeasures of direct and individual concern to themIndividual concernCriteriaRegulation imposing anti-dumping dutiesAction by an importer of the product concernedNo factors constituting a particular situation characterising the applicant in relation to any other operatorNot individually concernedInadmissibility (Art. 263, fourth para., TFEU; Commission Regulation 2021/1784) (see paragraphs 77-79, 83)
Operative part The Court:
1. Dismisses the appeal;
2. Orders Airoldi Metalli SpA, in addition to bearing its own costs, to pay those incurred by the European Commission.