Order of the General Court (Seventh Chamber) of 21 June 2017

1. Acts of the institutionsTemporal applicationImmediate application of a new procedural ruleRetrospective effect of a substantive ruleConditionsLegislation on remission of import duties

(European Parliament and Council Regulation No 952/2013, Arts 116 and 288(1) and (2); Council Regulation No 2913/92, Arts 220 and 236)

(see paras 16-19)

2. Actions for annulmentNatural or legal personsMeasures of direct and individual concern to themWhether directly concernedCriteriaDecision of the Commission finding no justification for repayment of import duties in a particular caseAction by an importer not an addressee of the decision but arguing similarity between his situation and that of the addresseeNot directly concernedInadmissibility

(Art. 263, fourth para., TFEU; European Parliament and Council Regulation No 952/2013, Art. 116(3); Council Regulation No 2913/92, Art. 220(2)(b); Commission Regulation No 2454/93, Art. 871)

(see paras 21-24, 29)

3. European Anti-Fraud Office (OLAF)InvestigationsFinal investigation report and recommendationsNot binding on the addressee national authoritiesDiscretion of the national authorities as to the action to be taken

(Art. 267 TFEU; European Parliament and Council Regulation No 883/2013, thirty-first recital and Art. 11(1), (3) and (6))

(see paras 34, 35, 38, 39)

4. EU lawInterpretationTexts in several languagesUniform interpretationDifferences between the various language versionsAccount taken of the general system and purpose of the regulations

(see para. 37)

5. Own resources of the European UnionRepayment or remission of import dutiesApplication of substantive customs lawExclusive competence of the national authorities

(Art. 267 TFEU; European Parliament and Council Regulation No 952/2013)

(see paras 54, 55)

6. Actions for annulmentNatural or legal personsPossible lack of legal remediesNo impact on the system of legal remedies and on the conditions of admissibility regarding actions for annulment

(Arts 263 TFEU and 267 TFEU)

(see para. 56)

Re:

APPLICATION based on Article 263 TFEU and seeking annulment of Commission Decision C(2015) 9672 final of 6 January 2016 finding the repayment of import duties not justified in a particular case (REM 02/14).

Operative part

1. The action is dismissed as inadmissible.

2. Inox Mare Srl is ordered to bear its own costs and pay those incurred by the European Commission.