Order of the General Court (First Chamber) of 22 November 2021 –
Garment Manufacturers Association in Cambodia v Commission
(Case T‑454/20)
(Action for annulment – Common commercial policy – Generalised arrangement of preferential customs tariffs established by Regulation (EU) No 978/2012 – Temporary withdrawal of trade preferences applicable to certain products originating in Cambodia for reason of serious and systematic violations of human rights – Lack of direct concern – Lack of individual concern – Inadmissibility)
1. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Action by a trade association set up to protect and represent its members – Admissibility – Conditions
(Art. 263, fourth para., TFEU)
(see para. 17)
2. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Person individually affected by a measure of a general nature – Conditions – Commission Regulation temporarily withdrawing trade preferences in respect of certain products originating in Cambodia on account of serious and systematic violations of human rights – Action by a national association representing the interests of the industries concerned – Lack of individual concern of the members represented – Inadmissibility
(Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 978/2012, Annex VIII, Part A; Commission Regulation 2020/550, Titles 2, 3 and 4)
(see paras 18, 44, 46-53, 64-66)
3. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Person individually affected by a measure of a general nature – Conditions – Commission Regulation temporarily withdrawing trade preferences in respect of certain products originating in Cambodia on account of serious and systematic violations of human rights – Action by a national association representing the interests of the industries concerned – National association which participated in the administrative procedure as a third party – Characteristic insufficient for a finding of capacity to bring an action
(Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 978/2012, Art. 19(7); Commission Regulation No 1083/2013, Art. 7(1))
(see paras 45, 54-59)
4. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria – Commission Regulation temporarily withdrawing trade preferences in respect of certain products originating in Cambodia on account of serious and systematic violations of human rights – Action by a national association representing the interests of the industries concerned – Regulations liable to have an influence on the material situation of the members represented – Criterion not conclusive
(Art. 263, fourth para., TFEU)
(see paras 80-83, 89-90)
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | Garment Manufacturers Association in Cambodia is ordered to pay the costs. |