Order of the General Court (Second Chamber) of 16 May 2019 –
ITSA v Commission
(Case T‑396/18)
(Action for annulment — Approximation of laws — Manufacture, presentation and sale of tobacco products and related product — Establishment and operation of a traceability system for tobacco products — Delegated Regulation and implementing acts — Lack of direct concern — Inadmissibility)
1. Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria
(Art. 263, fourth para. TFEU)
(see para. 21)
2. Plea of illegality — Measures the illegality of which may be pleaded — General measure providing the basis of the contested decision — Admissibility — Conditions
(Art. 277 TFEU)
(see para. 39)
Re:
| Application based on Article 263 TFEU seeking annulment of Commission Delegated Regulation (EU) 2018/573 of 15 December 2017 on key elements of data storage contracts to be concluded as part of a traceability system for tobacco products (OJ 2018 L 96, p.1), Commission Implementing Regulation (EU) 2018/574 of 15 December 2017 on technical standards for the establishment and operation of a traceability system for tobacco products (OJ 2018 L 96, p.7), and Commission Implementing Decision (EU) 2018/576 of 15 December 2017 on technical standards for security features applied to tobacco products (OJ 2018 L 96, p 57). |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | There is no longer any need to adjudicate on the application for leave to intervene of the Council of the European Union. |
3. | | International Tax Stamp Association Ltd (ITSA) shall bear its own costs and shall pay the costs incurred by the European Commission. |
4. | | The Council shall bear its own costs relating to the application to intervene. |