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

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:

Dismisses the appeal;

Orders Tokai Europe GmbH to pay the costs.