Judgment of the General Court (Fifth Chamber) of 14 January 2016 —

Doux v Commission

(Case T‑434/13)

‛Agriculture — Export refund — Poultry meat — Implementing Regulation fixing the refund at EUR 0 — Action for annulment — Regulatory act not entailing implementing measures — Direct concern — Admissibility — Article 3(3) of Regulation (EU) No 182/2011 — Obligation to state reasons — Article 164(3) of Regulation (EC) No 1234/2007 — Legitimate expectations’

1. Actions for annulment — Natural or legal persons — Concept of a regulatory act — Any act of general scope other than legislative acts — Commission regulation fixing export refunds in the poultrymeat sector — Included (Art. 263, fourth para., TFEU; Commission Regulation No 689/2013) (see paras 32-34)

2. Actions for annulment — Natural or legal persons — Regulatory acts — Acts not comprising implementing measures and concerning the applicant directly — Concept of direct concern — Criteria — Commission regulation fixing export refunds in the poultrymeat sector — Action by a company exporting frozen chickens — Admissibility (Art. 263, fourth para., TFEU; Commission Regulation No 689/2013) (see paras 36-39)

3. Actions for annulment — Natural or legal persons — Regulatory acts — Acts not comprising implementing measures and concerning the applicant directly — Concept of implementing measures — Court remedies available against such measures (Art. 263, fourth para., TFEU) (see paras 40-42)

4. Actions for annulment — Natural or legal persons — Regulatory acts — Acts not comprising implementing measures and concerning the applicant directly — Concept of implementing measures — Criteria — Commission regulation fixing the amount of export refunds in the poultrymeat sector — Act not entailing implementing measures (Art. 263, fourth para., TFEU; Commission Regulation No 689/2013) (see paras 44-46, 54, 55, 59, 63-66)

5. Judicial proceedings — Intervention — Pleas different from those of the main party supported — Admissibility — Condition — Connection with the subject-matter of the case (Statute of the Court of Justice, Arts 40, fourth para., and 53; Rules of Procedure of the General Court, Art. 116(3)) (see paras 73, 74)

6. Judicial proceedings — Intervention — Pleas different from those of the main party supported — Pleas not capable of being attached to those of the main party supported — Inadmissibility — Pleas as a matter of public policy — To be considered of the Court’s own motion (Statute of the Court of Justice, Arts 40, fourth para., and 53; Rules of Procedure of the General Court, Art. 116(3)) (see paras 77-80)

7. EU institutions — Exercise of powers — Implementing power conferred on the Commission for the adoption of implementing measures — Review by a committee composed of representatives of Member States — Consultation procedure — Time-limit for submitting a draft implementing measure — Possibility of derogation — Submission of a draft during a meeting of the said committee — Lawfulness — Conditions (European Parliament and Council Regulation No 182/2011, Art. 3(3), second subpara.; Council Regulation No 1234/2007, Art. 195) (see paras 91, 92, 96, 97)

8. EU institutions — Exercise of powers — Implementing power conferred on the Commission for the adoption of implementing measures — Review by a committee composed of representatives of Member States — Consultation procedure — Period for convening — Urgency — Judicial review — Limits (European Parliament and Council Regulation No 182/2011, Art. 3(3), second subpara.; Council Regulation No 1234/2007, Art. 195) (see para. 117)

9. EU institutions — Exercise of powers — Implementing power conferred on the Commission for the adoption of implementing measures — Review by a committee composed of representatives of Member States — Consultation procedure — Time-limit for submitting a draft implementing measure — Disregard — Consequences (European Parliament and Council Regulation No 182/2011, Art. 3(3)) (see paras 129, 130)

10. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision in line with previous decisions — Whether a summary statement of reasons is sufficient — Decision fixing the amount of export refunds (Art. 296(2) TFEU) (see paras 156, 157, 161, 163, 228, 230)

11. Agriculture — Common organisation of the markets — Export refunds — Fixing of amounts — Fixing of the amount at zero for the first time for the products concerned — Lawfulness (Council Regulation No 1234/2007, Art. 164(3); Commission Regulation No 689/2013) (see paras 178, 179)

12. Actions for annulment — Contested act — Assessment of legality in the light of the information available at the time of adoption of the measure (Art. 263 TFEU) (see paras 195, 340)

13. Agriculture — Common organisation of the markets — Export refunds — Fixing of amounts — No obligation on the Commission to adopt a new regulation where the amount previously fixed maintained (Council Regulation No 1234/2007, Art. 164(2)) (see paras 199, 204)

14. EU law — Principles — Protection of legitimate expectations — Limits — Modification of rules governing a common organisation of the market — Export refunds scheme not maintained at a level allowing competitiveness of exports — No legitimate expectation on the part of operators active in the sectors concerned (Art. 39 TFEU; Council Regulation No 1234/2007, Art. 164(3)) (see paras 240, 246, 247, 265)

15. Actions for annulment — Grounds — Breach of legitimate expectations — Economic operators invoking legitimate expectation in the maintenance of an existing situation — Rejection (Art. 263 TFEU) (see paras 251-253, 255, 257)

16. Agriculture — Common agricultural policy — Discretion of the EU institutions — Scope — Judicial review — Limits (Arts 40 TFEU to 43 TFEU) (see para. 269)

17. Agriculture — Common organisation of the markets — Export refunds — Purpose (Art. 39 TFEU) (see para. 284)

18. Agriculture — Common organisation of the markets — Export refunds — Fixing of amounts — Account taken of the market situation — Theoretical calculation based on the difference between prices on the EU market and prices on the world market — No obligation to consider the particular situation of exporting undertakings (Council Regulation No 1234/2007, Art. 164(3)(a)) (see paras 289, 317, 328)

19. Agriculture — Common organisation of the markets — Export refunds — Fixing of amounts — Account taken of the market situation — Theoretical calculation based on the difference between prices on the EU market and prices on the world market — No requirement that the amount of export refunds and the result of the theoretical calculation be the same (Council Regulation No 1234/2007, Art. 164(3)(a)) (see paras 294-296)

20. Agriculture — Common organisation of the markets — Export refunds — Fixing of amounts — No obligation on the Commission to take account of all the criteria laid down by Article 164(3) of Regulation No 1234/2007 (Council Regulation No 1234/2007, Art. 164(3) (see para. 354)

21. Agriculture — Common organisation of the markets — Poultrymeat — Export refunds — Fixing of amounts — Account taken of the market situation — Possibility of the Commission taking account of the cost of poultryfeed in the Union (Council Regulation No 1234/2007, Art. 164(3)(a) and (b)) (see paras 361, 362, 365)

22. Acts of the institutions — Temporal application — Immediate entry into force — Lawfulness — Conditions (Art. 297 TFEU; Commission Regulation No 689/2013) (see paras 378-380)

23. Actions for annulment — Grounds — Misuse of powers — Concept — Commission regulation fixing the amount of export refunds at zero in order to ensure market balance in the Union — No misuse of power (Art. 263 TFEU; Council Regulation No 1234/2007, Art. 164(3)) (see paras 387, 390)

24. Agriculture — Common organisation of the markets — Export refunds — Fixing of amounts — Account taken of the objective of ensuring market balance — Possibility of the Commission taking account of the reduced number of potential beneficiaries of refunds (Council Regulation No 1234/2007, Art. 164(3)(b)) (see para. 393)

Re:

APPLICATION for annulment of Commission Implementing Regulation (EU) No 689/2013 of 18 July 2013 fixing the export refunds on poultry meat (OJ 2013 L 196, p. 13).

Operative part

The Court:

1. Dismisses the action;

2. Orders Doux SA to bear its own costs and those incurred by the European Commission;