Bolton Alimentari SpA v Agenzia delle Dogane - Ufficio delle Dogane di Alessandria (C-494/09)

Judgment of 17 Feb 2011

law://eu/cjeu/2009/c-494-09/para_22@2026-11-13

22With regard, more specifically, to the admissibility of the fourth question, it must be noted that, admittedly, the possibility for a litigant to plead before the court hearing its action the invalidity of provisions in European Union acts presupposes that the party in question had no right of direct action under Article 263 TFEU by which it could challenge provisions the consequences of which it is suffering without having been able to seek their annulment (see TWD Textilwerke Deggendorf, paragraph 23, and Case C-550/09 E and F [2010] ECR I-6213, paragraphs 45 and 46).

Bolton Alimentari SpA v Agenzia delle Dogane - Ufficio delle Dogane di Alessandria (C-494/09)

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