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Case T-706/22: Order of the General Court of 20 September 2023 — Nicoventures Trading and Others v Commission (Action for annulment — Public health — Withdrawal of certain exemptions for heated tobacco products — Direct concern — Lack of individual concern — Inadmissibility)
ECLI:EU:UNKNOWN:62022TB0706(01)
62022TB0706(01)
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Official Journal of the European Union
Series C
C/2023/656
13.11.2023
(Case T-706/22) (*)
(Action for annulment - Public health - Withdrawal of certain exemptions for heated tobacco products - Direct concern - Lack of individual concern - Inadmissibility)
(C/2023/656)
Language of the case: English
Parties
Applicants: Nicoventures Trading Ltd (London, United Kingdom) and the five other applicants whose names are listed in the annex to the order (represented by: L. Van den Hende, M. Schonberg, J. Penz-Evren and P. Wytinck, lawyers)
Defendant: European Commission (represented by: H. van Vliet, A. Becker and F. van Schaik, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants seek the annulment of Commission Delegated Directive (EU) 2022/2100 of 29 June 2022 amending Directive 2014/40/EU of the European Parliament and of the Council as regards the withdrawal of certain exemptions in respect of heated tobacco products (OJ 2022 L 283, p. 4).
Operative part of the order
1.The action is dismissed as inadmissible.
2.There is no longer any need to adjudicate on the applications to intervene submitted by the French Republic, the Council of the European Union, Philip Morris Products SA, Papastratos Cigarettes Manufacturing Company Single Member SA, Philip Morris Manufacturing & Technology Bologna SpA, Philip Morris Romania SRL and Philip Morris Ltd.
3.Nicoventures Trading Ltd and the other applicants whose names are listed in the annex shall bear their own costs and pay those of the European Commission, with the exception of those relating to the applications to intervene.
4.Nicoventures Trading and the other applicants whose names are listed in the annex, the Commission, the French Republic, the Council, Philip Morris Products, Papastratos Cigarettes Manufacturing Company Single Member, Philip Morris Manufacturing & Technology Bologna, Philip Morris Romania and Philip Morris shall each bear their own costs relating to the applications to intervene.
5.Nicoventures Trading and the other applicants whose names are listed in the annex shall pay the costs relating to the proceedings for interim relief.
(*) Language of the case: English.
ELI: http://data.europa.eu/eli/C/2023/656/oj
ISSN 1977-091X (electronic edition)
* * *
(C/2023/656)
Language of the case: English