30.5.2023 |
EN |
Official Journal of the European Union |
C 189/26 |
Appeal brought on 17 April 2023 by European Association of Non-Integrated Metal Importers & distributors (Euranimi) against the order of the General Court (Third Chamber) delivered on 07 February 2023 in Case T-81/22, Euranimi v Commission
(Case C-252/23 P)
(2023/C 189/35)
Language of the case: English
Parties
Appellant: European Association of Non-Integrated Metal Importers & distributors (Euranimi) (represented by: M. Campa, D. Rovetta, V. Villante, avvocati, P. Gjørtler, advokat,)
Other party to the proceedings: European Commission
Form of order sought
The appellant claims that the Court should:
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declare admissible the present appeal; |
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set aside the order under appeal and declare the action brought by Euranimi admissible; |
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send back the case to the General Court for examining the substance of Euranimi’s action; |
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order the European Commission to bear the legal cost of the present appeal and of the procedure at first instance. |
Pleas in law and main arguments
In support of the appeal, the appellant relies on three main pleas in law:
First plea: error in law in interpreting the Article 263 (4) TFEU and in particular the requisite of ‘direct and individual concern’ — wrong qualification of facts.
Second plea: error in law in interpreting the final limb of Article 263 (4) TFEU and the requisite and notion of regulatory act which does not entail implementing measures — wrong qualification of facts and distortion of evidence.
Third plea: wrong qualification of facts and distortion of evidence.