# C_2023015EN.01004601.xml

| 16.1.2023 | EN | Official Journal of the European Union | C 15/46 |
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16.1.2023

EN

Official Journal of the European Union

C 15/46

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Action brought on 16 November 2022 — Nicoventures Trading and Others v Commission

(Case T-706/22)

(2023/C 15/60)

Language of the case: English

Parties

Applicants: Nicoventures Trading Ltd (London, United Kingdom) and 5 other applicants (represented by: L. Van den Hende, M. Schonberg, J. Penz-Evren and P. Wytinck, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

| — | order the annulment of the contested measure (1) in its entirety; and |
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order the annulment of the contested measure (1) in its entirety; and

| — | order that the defendant pay the applicants’ costs in these proceedings. |
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order that the defendant pay the applicants’ costs in these proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging that the contested measure goes beyond the powers delegated to the Commission under Articles 7(12) and 11(6) of Directive 2014/40/EU (2), for the following four reasons:






  — | by regulating a novel tobacco product, the contested measure unlawfully addresses an ‘essential element’ within the meaning of Article 290(1) TFEU; |
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1.

First plea in law, alleging that the contested measure goes beyond the powers delegated to the Commission under Articles 7(12) and 11(6) of Directive 2014/40/EU (2), for the following four reasons:

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by regulating a novel tobacco product, the contested measure unlawfully addresses an ‘essential element’ within the meaning of Article 290(1) TFEU;

| — | the contested measure unlawfully introduces a new ‘particular product category’ for the purposes of Directive 2014/40/EU and thereby also infringes the general EU law principles of legal certainty and legitimate expectations; |
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the contested measure unlawfully introduces a new ‘particular product category’ for the purposes of Directive 2014/40/EU and thereby also infringes the general EU law principles of legal certainty and legitimate expectations;

| — | The contested measure introduces a new ‘particular product category’ that is inconsistent with the system of Directive 2014/40/EU, and is consequently unlawful; and |
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The contested measure introduces a new ‘particular product category’ that is inconsistent with the system of Directive 2014/40/EU, and is consequently unlawful; and

| — | The Commission’s approach to assessing the existence of a ‘substantial change of circumstances’ exceeds the scope of the task conferred upon it. |
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The Commission’s approach to assessing the existence of a ‘substantial change of circumstances’ exceeds the scope of the task conferred upon it.

| 2. | Second plea in law, alleging failure to state reasons as required by Article 296 TFEU and infringement of the principle of good administration. |
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2.

Second plea in law, alleging failure to state reasons as required by Article 296 TFEU and infringement of the principle of good administration.

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(1)  Commission’s Delegated Directive (EU) 2022/2100 of 29 June 2022 amending Directive 2014/40/EU of the European Parliament and of the Council as regards the withdrawal of certain exemptions in respect of heated tobacco products (OJ 2022, L 283, p. 4).

(2)  Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ 2014, L 127, p. 1).

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