General Court to hear action for annulment against Combined Nomenclature classification for disregarding concept of disability

In Sunrise Medical and Sunrise Medical Logistics v Commission (T-721/21), the General Court will hear an action for annulment against Commission Implementing Regulation 2021/1367, concerning the classification of certain goods in the Combined Nomenclature (CN).

The contested act classified a four-wheeled moped vehicle under CN code 8703 10 18. It noted that its characteristics do not objectively constitute special features designed to alleviate a disability and that upon presentation to customs authorities it is not recognisable as a vehicle designed solely for disabled persons.

In support of its action, the applicants claim that:

(i) the Commission misapplied the law by not taking into account the United Nations Conve