Order of the General Court (Fifth Chamber) of 24 November 2015

Data

Court: General Court

Case date: 24 november 2015

Verdict

Order of the General Court (Fifth Chamber) of 24 November 2015 —

Delta Group agroalimentare v Commission

(Case T‑163/15)

"Action for annulment - Italian market in poultrymeat - Exceptional support measures to resolve specific problems concerning the poultrymeat sector in Italy - Export refunds for poultrymeat destined for certain African countries - Rejection of the applicant’s request for exceptional measures - Act not open to challenge - Inadmissibility"

1. Judicial proceedingsNo obligation on the General Court to commence the oral procedure before ruling on an objection of inadmissibility (Rules of Procedure of the General Court, Art. 130(1)) (see paras 18, 19)

2. Actions for annulmentActionable measuresConceptMeasures producing binding legal effectsMeasures altering the applicant’s legal situationCommission letter rejecting a request for the determination of export refunds in the meat and poultry sectorNot includedAddressee’s action inadmissible (Art. 263 TFEU; European Parliament and Council Regulation No 1308/2013) (see paras 25-28, 38)

3. AgricultureCommon organisation of the marketsPoultrymeatExport refundsNo right for a legal person to request measures preventing market disturbances or measures designed to resolve specific problems (European Parliament and Council Regulation No 1308/2013, Arts 219(1), and 221) (see paras 29-37)

Re:

APPLICATION for annulment of the Commission’s letter of 9 February 2015 (Ref. Ares (2015) 528512), sent in reply to the applicant’s request for the adoption of exceptional support measures for the poultrymeat market on the basis of Article 219(1) or of Article 221 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ 2013 L 347, p. 671).

Operative part

1. The action is dismissed as inadmissible.

2. Delta Group agroalimentare is ordered to bear its own costs and pay those incurred by the European Commission.