Court of Justice 12 June 2025, C-731/23 (Opinion of Advocate General Emiliou delivered on 12 June 2025.)

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The Opinion of Advocate General Emilious addresses the legal standing of Nicoventures Trading Ltd and associated companies in their appeal against the European Commission regarding the Delegated Directive (EU) 2022/2100, which concerns heated tobacco products. The Advocate General critiques the stringent application of the Plaumann case-law, suggesting that while the appellants may not meet the strict criteria for being 'individually concerned' under current interpretations, a more flexible approach would allow them to challenge the measure effectively. Ultimately, the Opinion advocates for a re-evaluation of the individual concern requirement to enhance access to justice within the EU legal framework.AI