Judgment — ECLI:EU:T:2002:214
Date: 2002-09-12
Language of the case: English
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: External relations;Free movement of goods;Commercial policy;Common customs tariff;Customs Union
Concepts: General;Generalized tariff preferences
Procedure: Action for annulment - successful
Origin: Germany;France;Luxembourg

Summary of the Judgment 
1. Actions for annulment — Actionable measures — Definition — Letter of the Com­
mission rejecting a 'complaint' requesting initiation of the procedure for temporary 
withdrawal of the benefit of the generalised tariff preference system — Included — 
Addressee's action admissible 
(Art. 230 EC; Council Regulation No 2820/98, Arts 22(1) and 23(1)) 
II - 3681 
SUMMARY — CASE T-113/00 
2. Common Customs Tariff — System of generalised tariff preferences for developing 
countries — Temporary withdrawal of the benefit of the generalised tariff preference 
system — 'Complaint' requesting initiation of the consultation and investigation 
procedures — Rejection on the ground that anti-subsidy measures have been imposed 
on the goods concerned — Inadmissible 
(Council Regulation No 2820/98, Art. 27) 
1. A letter of the Commission which 
definitively rejects, without examin­
ation, a 'complaint' lodged under 
Article 23(1) of Regulation No 2820/98 
applying a multiannual scheme of gen­
eralised tariff preferences for the period 
1 July 1999 to 31 December 2001 and 
which thus alters the legal position of 
the 'complainer' as a person with an 
interest in the temporary withdrawal of 
the European Community's generalised 
tariff preference system who has 
brought to the Commission's attention 
a case referred to in Article 22(1) of 
that regulation has legal effects capable 
of affecting the interests of that letter's 
addressee. It is therefore a measure 
against which the addressee may bring 
an action for annulment under 
Article 230 EC. 
(see para. 55) 
2. Article 27 of Regulation No 2820/98 
applying a multiannual scheme of gen­
eralised tariff preferences for the period 
1 July 1999 to 31 December 2001 
cannot be construed as meaning that 
the mere fact that anti-subsidy meas­
ures have been imposed on the goods 
forming the subject-matter of a 'com­
plaint' requesting initiation of the pro­
cedure for the temporary withdrawal 
of the benefit of the generalised tariff 
preference system and that the excep­
tion provided for by Article 27 is not 
applicable precludes the Commission 
from requesting that consultations be 
initiated under Article 23 of that regu­
lation and then, if necessary, from 
opening an investigation under 
Article 25 of that regulation into the 
existence of the case envisaged by 
Article 22(1 )(e), namely unfair trading 
practices. Consequently, the rejection 
of a 'complaint' on the basis of such a 
misinterpretat ion of Regulation 
No 2820/98 must be annulled. 
(see paras 88-89) 
II-3682