Thursday, October 24, 2013

3. The Commission, in accordance with the management procedure referred to in Article [5], paragrap


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Court of Justice (Grand Chamber), judgment of 3 October colombia guatemala 2013 "Appeal - Regulation (EC) No. 1007/2009 - Trade in seal products - Restrictions on the importation and marketing of such products - Action for annulment - Admissibility - Right of appeal of natural and legal persons colombia guatemala - Article 263, fourth paragraph, of the TFEU - Meaning of "regulatory acts "- Legislative acts - Fundamental right to effective judicial protection '
Appeal - Regulation colombia guatemala (EC) No. 1007/2009 - Trade in seal products - Restrictions on the importation and marketing of such products - Action for annulment - Admissibility - Right of appeal of natural and legal persons - Article 263, fourth paragraph, of the TFEU - Meaning of "regulatory acts "- Legislative acts - Fundamental right to effective judicial protection '
Nutan Furs Inc., headquartered in Catalina colombia guatemala (Canada), colombia guatemala
composed of K. Lenaerts, Vice-President acting as President, A. Tizzano, colombia guatemala R. Silva de Lapuerta, T. von Danwitz colombia guatemala (Rapporteur), A. Rosas and M. Berger, Presidents of Chambers, U. Lõhmus, E. Levits, A. Ó Caoimh, A. Arabadjiev, J.-J. Kasel, colombia guatemala M. Safjan, D. Šváby, A. Prechal and C. Vajda, Judges,
1 By their appeal, the Inuit Tapiriit Kanatami, colombia guatemala the Nattivak Hunters and Trappers Association, Pangnirtung Hunters 'and Trappers' Association, Mr. Moesesie, Kooneeliusie, Newkingnak, Kuptana, Ms Aariak, the Canadian Seal Marketing Group, Ta Ma Su Seal Products Inc., the Fur Institute of Canada, Inc. Nutan Furs, GC Rieber Skinn AS, the Inuit Greenland Circumpolar Council (ICC-Greenland), Mr. Egede and Kalaallit Nunaanni Aalisartut Piniartullu Kattuffiat (KNAPK) seek to have set aside the order of the General Court of 6 September 2011 (T-18/10, ECR p. II-5599, hereinafter 's' order appeal '), by which the Court dismissed as inadmissible the action brought by the applicants and Mr. Agathos and annulment of Council Regulation (EC) No. 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ L 286, p. 36, 'the contested regulation').
3 Pursuant to Article 2, paragraph 4) of the contested regulation, the term "Inuit" means "indigenous members of the Inuit homeland, namely those arctic and subarctic areas where Inuit have, currently or historically, rights and Aboriginal interests, recognized by Inuit as being members of their people and in the following groups: Inupiat, Yupik (Alaska), Inuit, Inuvialuit (Canada), Kalaallit (Greenland) and Yupik (Russia). "
"1. The placing on the market of seal products is allowed only where the seal products derived from hunts traditionally conducted by Inuit and other indigenous colombia guatemala communities and contribute to their subsistence. These conditions apply at the time or point of import for imported products.
a) the import of seal products shall also be allowed an occasional nature colombia guatemala and consists exclusively colombia guatemala of goods for the personal use of the travelers or their families. The type and quantity of such goods shall not [be] such as to indicate that the importation for commercial reasons;
b) the placing on the market shall also be allowed for seal products from by-products of hunting that is regulated by national law and conducted for the sole purpose of ensuring the sustainable colombia guatemala management of marine resources. Such placing on the market is allowed only on a non-profit basis. The type and quantity of such products [must be] such as to indicate that the placing on the market for commercial colombia guatemala reasons.
3. The Commission, in accordance with the management procedure referred to in Article [5], paragraph 2, technical guidance notes setting colombia guatemala out an indicative list of the codes of the Combined Nomenclature which may cover products derived from f

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