Judgment of the General Court (Sixth Chamber) of 12 March 2015 — Vestel Iberia and Makro autoservicio mayorista v Commission
(Cases T‑249/12 and T‑269/12)
Action for annulment — Customs union — Post-clearance entry in the accounts and remission of import duties — Colour television receivers originating in Turkey — Application for remission of customs duties submitted by two importers — Commission referring the national authorities to a decision concerning another importer — Article 871(2) and (6) and Article 905(2) and (6) of Regulation (EEC) No 2454/93 — Lack of direct concern — Inadmissibility
Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Commission decision post-clearance entry of import duties in the accounts but not justifying the remission of those duties in a particular case — Application for remission of customs duties — Commission referring the national authorities to a decision concerning another importer — Action by importers subject to the national decision but not the Commission decision — Not directly concerned — Inadmissibility (Art. 263, fourth para., TFEU) (see paras 74-88)
Re:
| APPLICATION for the annulment of Commission Decision C(2010) 22 final of 18 January 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is not justified in a particular case. |
Operative part
The Court:
1. | | Joins Cases T‑249/12 and T‑269/12 for the purposes of the present judgment; |
2. | | Dismisses the actions as inadmissible; |
3. | | Orders Vestel Iberia, SL and Makro autoservicio mayorista SA to pay the costs; |
4. | | Orders the Kingdom of Spain to bear its own costs. |