CELEX: 62007CO0262
Language: en
Date: 2008-02-19 00:00:00
Title: Order of the Court (Seventh Chamber) of 19 February 2008. # Tokai Europe GmbH v Commission of the European Communities. # Appeal - Regulation (EC) No 384/2004 - Classification of certain goods in the Combined Nomenclature - Person not individually concerned - Appeal in part manifestly inadmissible and in part manifestly unfounded. # Case C-262/07 P.

Order of the Court (Seventh Chamber) of 19 February 2008 – Tokai Europe v Commission
      (Case C‑262/07 P)
      Appeal – Regulation (EC) No 384/2004 – Classification of certain goods in the Combined Nomenclature – Person not individually concerned – Appeal in part manifestly inadmissible and in part manifestly unfounded
      1.                     Procedure – Obligation of the Court of First Instance to open the oral procedure before ruling on an objection of inadmissibility
            – None (Rules of Procedure of the Court of First Instance, Arts 111 to 114) (see paras 24-28)
      2.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the evidence
            – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice,
            Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 119) (see paras 30-32)
      Re: 
      
         Appeal against the order of the Court of First Instance (Fourth Chamber) of 19 March 2007 in Case T-183/04 
               Tokai Europe
                v 
               Commission
               , by which that Court dismissed as inadmissible an action for the annulment of Commission Regulation (EC) No 384/2004 of 1
                  March 2004 concerning the classification of certain goods in the Combined Nomenclature (OJ 2004 L 64, p. 21) – Requirement
                  to be individually concerned by the contested regulation – Right to a fair hearing.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Tokai Europe GmbH to pay the costs.