Дело C-467/22: Airoldi Metalli/Комисия, Съдебно решение от 29 юни 2023 г.

Текст

... tandi – Fourth paragraph of Article 263 TFEU – Condition that the measure must be of individual concern to the applicant – Regulatory act not entailing implementing measures)

In Case C‑467/22 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 12 July 2022,

Airoldi Metalli SpA, established in Molteno (Italy), represented by M. Campa, M. Pirovano, D. Rovetta, V. Villante, avvocati, and P. Gjørtler, advokat,

appellant,

the other party to the proceedings being:

European Commission, represented by G. Luengo and P. Němečková, acting as Agents,

defendant at first instance,

THE COURT (Ninth Chamber),

composed of L.S. Rossi, President of the Chamber, J.-C. Bonichot and S. Rodin (Rapporteur), Judges,

Advocate General: A.M. Collins,

Registrar: A. Calot Escobar,

having regard to the written procedure,

having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,

gives the following

Judgment

1. By its appeal, Airoldi Metalli SpA seeks to have set aside the order of the General Court of the European Union of 2 May 2022, Airoldi Metalli v Commission (T‑328/21, EU:T:2022:277) (‘the order under appeal’), by which the General Court dismissed its action for annulment of Commission Implementing Regulation (EU) 2021/546 of 29 March 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of aluminium extrusions originating in the People’s Republic of China (OJ 2021 L 109, p. 1) (‘the regulation at issue’).

Legal context

2. Article 5 of Regulation (EU) No 952/2013 ...