Official Journal of the European Union

C 45/14

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(Case C-764/22 P)

(2023/C 45/23)

Language of the case: English

Parties

Appellant: Airoldi Metalli SpA (represented by: M. Campa, avvocato, D. Rovetta, avocat, P. Gjørtler, advokat, V. Villante, avvocato)

Other party: European Commission

Form of order sought

The applicant claims that the Court should:

—Declare admissible the present appeal;

—Set aside the Order of the General Court of October 5, 2022, in Case T-1/22, Airoldi Metalli Spa vs. European Commission and declares the action brought by Airoldi Metalli Spa admissible;

—Send back the case to the General Court for examining the substance of Airoldi Metalli Spa’s action;

—Order the European Commission to bear the legal cost of the present appeal and of the procedure at first instance.

Pleas in law and main arguments

In the current Appeal, the Appellant relies on the two main grounds of appeals:

First ground of appeal: error in law in interpreting the final limb of Article 263 (4) and the requisite and notion of regulatory act which does not entail implementing measures — Wrong qualification of facts and distortion of evidence.

Second ground of appeal: error in law in interpreting the Article 263 (4) TFEU and in particular the requisite of ‘direct and individual concern’ — Wrong qualification of facts.

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