Appeal brought on 11 May 2023 by Harley-Davidson Europe Ltd and Neovia Logistics Services International against the judgment of the General Court (Eighth Chamber, Extended Composition) delivered on 1 March 2023 in Case T-324/21, Harley-Davidson Europe and Neovia Logistics Services International v Commission

(Case C-297/23 P)

Language of the case: English

Parties

Appellants: Harley-Davidson Europe Ltd and Neovia Logistics Services International (represented by: E. Righini, avvocato and S. Völcker, Rechtsanwalt)

Other party to the proceedings: European Commission

Form of order sought

The appellants claim that the Court should:

set aside the judgment under appeal;

annul the contested decision; and

order the Commission to pay the appellants’ costs before this Court and before the General Court.

Pleas in law and main arguments

First plea in law, alleging errors of law regarding the General Court’s interpretation of Article 33 of the Commission Delegated Regulation (EU) 2015/2446¹ (“UCC-DA”). The General Court failed to assess the purpose and context of Article 33 UCC-DA, it unfairly disregarded the right of traders to respond to commercial policy measures of the European Union by relocating their production operations, and incorrectly interpreted the standard of proof necessary to shift the burden of proof to the appellants.

Second plea in law, alleging errors of law regarding the General Court’s conclusion that Article 33 UCC-DA does not exceed the limits of the delegation conferred on the Commission by Article 62 of Regulation (EU) No 952/2013¹ laying down the Union Customs Code.

Third plea in law, alleging a violation of the appellants’ right to good administration. The General Court wrongly upheld the Contested Decision despite finding a breach of the appellants’ right to be heard, and erred in concluding that the length of the Commission’s procedure, including the period to initiate formal proceedings, was not excessive in breach of the reasonable time principle and the appellants’ legitimate expectations.

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¹ Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ 2015, L 343, p. 1).

¹ Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ .2013, L 269, p. 1).