This document is an excerpt from the EUR-Lex website
Document 62021TO0721
Order of the General Court (First Chamber) of 7 December 2022.
Sunrise Medical BV and Sunrise Medical Logistics BV v European Commission.
Action for annulment – Customs union – Common Customs Tariff – Tariff and statistical nomenclature – Classification in the Combined Nomenclature – Tariff heading – Regulatory act entailing implementing measures – Lack of individual concern – Inadmissibility.
Case T-721/21.
Order of the General Court (First Chamber) of 7 December 2022.
Sunrise Medical BV and Sunrise Medical Logistics BV v European Commission.
Action for annulment – Customs union – Common Customs Tariff – Tariff and statistical nomenclature – Classification in the Combined Nomenclature – Tariff heading – Regulatory act entailing implementing measures – Lack of individual concern – Inadmissibility.
Case T-721/21.
ECLI identifier: ECLI:EU:T:2022:791
Order of the General Court (First Chamber) of 7 December 2022 –
Sunrise Medical and Sunrise Medical Logistics v Commission
(Case T‑721/21)
(Action for annulment – Customs union – Common Customs Tariff – Tariff and statistical nomenclature – Classification in the Combined Nomenclature – Tariff heading – Regulatory act entailing implementing measures – Lack of individual concern – Inadmissibility)
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Action for annulment – Natural or legal persons – Regulatory acts entailing implementing measures – Concept – Tariff classification rules – Included – Court remedies available against such measures – Existence of internal remedies against the implementation measures (Arts 263, fourth para., 267 and 289(1) to (3) TFEU; European Parliament and Council Regulation No 952/2013, Arts 43 to 45, 57(4) and 58(2); Commission Regulation No 2021/1367) (see paragraphs 17, 20-23, 36, 37) |
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Fundamental rights – Right to effective judicial protection – Review of legality of EU measures – Procedures – Protection of that right by the EU judicature or by the national courts according to the legal nature of the contested measure – Possibility of using an annulment action or reference for a preliminary ruling on validity (Arts 6(1) and 19(1) TEU; Arts 263, 267 and 277 TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 52(7)) (see paragraphs 30-35) |
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Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Tariff classification rules – Whether applicant individually affected – Criteria (Art. 263, fourth para., TFEU; Commission Regulation No 2021/1367, Art. 1) (see paragraphs 50-54) |
Operative part
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The application is dismissed as inadmissible. |
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Sunrise Medical BV and Sunrise Medical Logistics BV shall pay the costs. |