11.4.2023

Official Journal of the European Union

C 127/27

—

(Case C-95/23 P)

(2023/C 127/33)

Language of the case: English

Parties

Appellant: European Association of Non-Integrated Metal Importers & distributors (Euranimi) (represented by: V. Villante, D. Rovetta, M. Campa, avvocati, P. Gjørtler, advokat)

Other party to the proceedings: European Commission

Form of order sought

The Appellant claims that the Court should:

—declare the present appeal admissible;

—set aside the order under appeal and declare the action brought by EURANIMI admissible;

—send the case back to the General Court for examination of the substance of EURANIMI’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

The Appellant relies on three main grounds of appeals:

First 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.

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

Third ground of appeal: Wrong qualification of facts and distortion of evidence.

—