Order of the General Court (Sixth Chamber) of 4 December 2013 —
Forgital Italy v Council
(Case T‑438/10)
Action for annulment — Common Customs Tariff — Temporary suspension of the autonomous Common Customs Tariff duties on certain industrial, agricultural and fishery products — Amendment of the description of certain suspensions — Regulatory act comprising implementing measures — Inadmissibility
1. Actions for annulment — Natural or legal persons — Regulatory act not entailing implementing measures within the meaning of the fourth paragraph of Article 263 TFEU — Concept — Council regulation temporarily suspending the autonomous Common Customs Tariff duties on certain industrial, agricultural and fishery products — Not included (Art. 263, fourth para., TFEU; Council Regulations No 2913/92, Art. 59(1), and No 566/2010) (see paras 37-41, 52-54)
2. Judicial proceedings — Decision taken by way of reasoned order — Conditions — Compliance with the applicant’s right to be heard — Scope (Rules of Procedure of the General Court, Art. 113) (see paras 59, 60)
Re:
| ACTION for the annulment of Council Regulation (EU) No 566/2010 of 29 June 2010 amending Regulation (EC) No 1255/96 temporarily suspending the autonomous Common Customs Tariff duties on certain industrial, agricultural and fishery products (OJ 2010 L 163, p. 4), in so far as it amends the description of certain goods in respect of which the autonomous Common Customs Tariff duties were suspended. |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | Forgital Italy SpA is ordered to bear its own costs and pay those incurred by the Council of the European Union. |
3. | | The European Commission is ordered to bear its own costs. |