Forgital Italy v Council [2015] EUECJ C-84/14 (14 July 2015)

Forgital Italy v Council [2015] EUECJ C-84/14 (14 July 2015)

The Court held that the regulation at issue entailed implementing measures, thus precluding direct action by Forgital Italy SpA under Article 263(4) TFEU. The applicant could seek judicial protection through national remedies, including preliminary references on validity. The procedural handling by the Tribunal did...

Source-derived case information.

Citation
[2015] EUECJ C-84/14
Parties
Applicant: Forgital Italy SpA; Respondent: Council of the European Union; Intervener: European Commission
Jurisdiction
European Union
Procedural Posture
Appeal / Final Appellate Decision
Outcome
appeal dismissed
Legal Topics
Locus Standi, Actions for Annulment, Regulatory Acts, Judicial Protection, Customs Tariff Suspension
European Union Law Administrative Law Customs Law Locus Standi Actions for Annulment Regulatory Acts Judicial Protection Customs Tariff Suspension

Source-derived case record

Summary, issues, holding and outcome

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Parties

Forgital Italy SpA

Applicant

Council of the European Union

Respondent

European Commission

Intervener

Procedural Posture

Appeal / Final Appellate Decision

  1. 1 Whether Forgital Italy SpA had standing to seek annulment of a Council regulation amending customs tariff suspensions under Article 263(4) TFEU
  2. 2 Whether the regulation at issue entailed implementing measures precluding direct action
  3. 3 Whether effective judicial protection was denied

Ratio Decidendi

The Court held that the regulation at issue entailed implementing measures, thus precluding direct action by Forgital Italy SpA under Article 263(4) TFEU. The applicant could seek judicial protection through national remedies, including preliminary references on validity. The procedural handling by the Tribunal did not violate rights of defense or effective judicial protection.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • Forgital Italy SpA is ordered to pay the costs.