Avis juridique important

Order of the Court of First Instance (Third Chamber) of 29 April 1999. - Alce v Commission of the European Communities. - Inadmissibility. - Case T-120/98. European Court reports 1999 Page II-01395

Summary

Actions for annulment - Natural or legal persons - Measures of direct and individual concern to them - Regulation concerning the classification of certain goods in the Combined Nomenclature - Action brought by a producer of lactic ferments - Inadmissible

(EC Treaty, Art. 173, fourth para.; Commission Regulation No 1160/98)

An action is inadmissible when brought by a producer of lactic ferments for annulment of Regulation No 1160/98, which classifies the products used in the production of those ferments under heading 0404 90 21 of the Combined Nomenclature.

That Regulation is a measure of general application, which applies to an objectively determined situation and entails legal effects for categories of persons regarded generally and in the abstract, in particular the importers of those products. Even though it is capable of affecting the applicant's situation, it would do so only by reason of the applicant's objective attribute as an economic operator importing products referred to in the Regulation, in the same way as any economic operator pursuing the same activity in the European Community.

In that connection it is irrelevant that the applicant is the leading Italian producer of lactic ferments. Such a circumstance is not sufficient to distinguish the applicant from all other operators with respect to the contested Regulation, which is intended to determine generally the customs tariff classification of the products in question by reason of their importation from non-member countries into all Member States without distinction.