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(2022/C 326/25)
Language of the case: English
Appellant: Airoldi Metalli SpA (represented by: M. Campa, M. Pirovano, V. Villante, D. Rovetta, avvocati, and P. Gjørtler, advokat)
Other party to the proceedings: European Commission
The appellant claims that the Court should:
—set aside the order under appeal and declare the action brought by Airoldi Metalli SpA admissible;
—refer the case back to the General Court for examining the substance of Airoldi Metalli SpA’s action;
—order the Commission to bear the costs of the present appeal and of the proceedings before the General Court.
The appellant relies on two main grounds of appeal.
First 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.
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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