CELEX: 62019TB0326(01)
Language: en
Date: 2020-04-02 00:00:00
Title: Case T-326/19: Order of the General Court of 2 April 2020 — Gerber v Parliament and Council (Action for annulment — Customs territory of the European Union — Regulation (EU) 2019/474 — Directive (EU) 2019/475 — Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano — Not individually concerned — Inadmissibility)

8.6.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 191/15
            
         
      Order of the General Court of 2 April 2020 — Gerber v Parliament and Council
      (Case T-326/19) (1)
      
      (Action for annulment - Customs territory of the European Union - Regulation (EU) 2019/474 - Directive (EU) 2019/475 - Inclusion of the municipality of Campione d’Italia and the Italian waters of Lake Lugano - Not individually concerned - Inadmissibility)
      (2020/C 191/20)
      Language of the case: Italian
      
         Parties
      
      
         Applicant: Tibor Gerber (Campione d’Italia, Italy) (represented by: N. Amadei, lawyer)
      
         Defendants: European Parliament (represented by: L. Visaggio and C. Biz, acting as Agents), Council of the European Union (represented by: A. Lo Monaco and E. Ambrosini, acting as Agents)
      
         Re:
      
      First, application under Article 263 TFEU seeking annulment of Regulation (EU) 2019/474 of the European Parliament and of the Council of 19 March 2019 amending Regulation (EU) No 952/2013 laying down the Union Customs Code (OJ 2019 L 83, p. 38), in so far as concerns the part relating to the inclusion of the Italian municipality of Campione d’Italia and the Italian waters of Lake Lugano in the customs territory of the Union; second, application under Article 264 TFEU seeking a declaration that Council Directive (EU) 2019/475 of 18 February 2019 amending Directives 2006/112/EC and 2008/118/EC as regards the inclusion of the Italian municipality of Campione d'Italia and the Italian waters of Lake Lugano in the customs territory of the Union and in the territorial application of Directive 2008/118/EC (OJ 2019 L 83, p. 42) has no effect; and, third, application under Articles 278 and 279 TFEU seeking the grant of interim measures suspending the application of Regulation 2019/474, Directive 2019/475 and of any other implementing measure relating thereto.
      
         Operative part of the order
      
      
                  1.
               
               
                  The action is dismissed.
               
            
                  2.
               
               
                  There is no need to rule on the applications for leave to intervene made by the European Commission and the Italian Republic.
               
            
                  3.
               
               
                  Mr Tibor Gerber shall bear his own costs and pay those incurred by the European Parliament and the Council of the European Union, including those relating to the interim proceedings.
               
            
                  4.
               
               
                  The Commission and the Italian Republic shall bear their own costs relating to the applications for leave to intervene.
               
            
         (1)  OJ C 238, 15.7.2019.