Order;Information — ECLI:EU:T:2022:581
Date: 2022-09-19
Language of the case: English
Court formation: Fourth Chamber
Subject matter: External relations;Commercial policy
Procedure: Action for annulment - inadmissible

Order of the General Court (Fourth Chamber) of 19 September 2022 – TDK Foil Italy v Commission (Case T‑788/21) (Action for annulment – Commercial policy – Dumping – Imports of aluminium flat-rolled products originating in China – Definitive anti-dumping duty – Independent importer – No individual concern – Inadmissibility) 1. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Direct concern – Criteria – Regulation imposing anti-dumping duties – Whether an importer of the product concerned directly affected (Art. 263, fourth para., TFEU; Commission Regulation 2021/1784) (see paragraph 12) 2. Action for annulment – Natural or legal persons – Regulatory acts entailing implementing measures – Concept – Regulation imposing anti-dumping duties – Included (Art. 263, fourth para., TFEU; Commission Regulation 2021/1784) (see paragraph 13) 3. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Regulation imposing anti-dumping duties – Whether independent importer individually concerned – Conditions (Art. 263, fourth para., TFEU; Commission Regulation 2021/1784) (see paragraphs 17-25) 4. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation imposing anti-dumping duties – Action by an undertaking which has participated in the administrative procedure – Characteristic insufficient for a finding of capacity to bring an action (Art. 263, fourth para., TFEU; Commission Regulation 2021/1784) (see paragraphs 26-32) 5. Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Regulation imposing anti-dumping duties – Whether independent importer individually concerned – No factors giving rise to a particular situation distinguishing the importer from all other operators – Not individually concerned (Art. 263, fourth para., TFEU; Commission Regulation 2021/1784) (see paragraphs 33-42) Operative part 1. The action is dismissed as inadmissible. 2. TDK Foil Italy SpA shall pay the costs.