This document is an excerpt from the EUR-Lex website
Document 62017TO0577
Order of the General Court (Sixth Chamber) of 2 July 2018.
thyssenkrupp Electrical Steel GmbH and thyssenkrupp Electrical Steel Ugo v European Commission.
Action for annulment — Customs union — Authorisation for inward processing — Risk of adverse effect on the essential interests of EU producers — Article 211(6) of Regulation (EU) No 952/2013 — Examination of the economic conditions — Scope of the Commission’s conclusions — Act not open to challenge — Inadmissibility.
Case T-577/17.
Order of the General Court (Sixth Chamber) of 2 July 2018.
thyssenkrupp Electrical Steel GmbH and thyssenkrupp Electrical Steel Ugo v European Commission.
Action for annulment — Customs union — Authorisation for inward processing — Risk of adverse effect on the essential interests of EU producers — Article 211(6) of Regulation (EU) No 952/2013 — Examination of the economic conditions — Scope of the Commission’s conclusions — Act not open to challenge — Inadmissibility.
Case T-577/17.
Court reports – general
Order of the General Court (Sixth Chamber) of 2 July 2018 –
thyssenkrupp Electrical Steel and thyssenkrupp Electrical Steel Ugo v Commission
(Case T‑577/17)
(Action for annulment — Customs union — Authorisation for inward processing — Risk of adverse effect on the essential interests of EU producers — Article 211(6) of Regulation (EU) No 952/2013 — Examination of the economic conditions — Scope of the Commission’s conclusions — Act not open to challenge — Inadmissibility)
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Actions for annulment — Actionable measures — Meaning — Measures producing binding legal effects — Preparatory measures — Not included — Exception — Measures constituting the last word of a special procedure distinct from that enabling a ruling on the substance (Art. 263 TFEU) (see paras 24-28) |
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Free movement of goods — Trade with non-member countries — Processing scheme under customs control — Examination of the economic conditions — Commission’s findings — Binding nature — None (Council Regulation No 952/2013, Art. 211(6)) (see paras 45-47, 55, 56) |
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Free movement of goods — Trade with non-member countries — Processing scheme under customs control — Examination of the economic conditions — Commission’s findings — Binding nature — None — Adoption of a new regulation in the field — Irrelevant (Commission Regulations No 2454/93, as amended by Regulation No 993/2001, Art. 504(4), and 2015/2447, Art. 259(5), first para.) (see paras 57-61, 64, 67-69) |
Re:
Action under Article 263 TFEU for the annulment of the Commission’s alleged decision ostensibly contained in the minutes of the sixth meeting of the Customs Expert Group Section ‘Special Procedures other than transit’ of 2 May 2017 concluding that the essential interests of EU producers would not be adversely affected by an authorisation for inward processing of certain grain-oriented electrical steel products requested by Euro-Mit Staal BV.
Operative part
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The action is dismissed. |
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There is no longer any need to adjudicate on Euro-Mit Staal BV’s application to intervene. |
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In addition to bearing its own costs, the European Commission shall pay the costs incurred by thyssenkrupp Electrical Steel GmbH and thyssenkrupp Electrical Steel Ugo. |
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Euro-Mit Staal BV shall bear its own costs relating to the application to intervene. |