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Case T-403/20: Judgment of the General Court of 20 November 2024 – Wuxi Suntech Power v Commission (Dumping – Subsidies – Imports of crystalline silicon photovoltaic modules and cells originating in or consigned from China – Definitive anti-dumping and countervailing duties – Undertaking – Invalidation of undertaking invoices – Legal basis – Article 8(9) of Regulation (EU) 2016/1036 – Article 13(9) of Regulation (EU) 2016/1037 – Implementing Regulations (EU) No 1238/2013 and No 1239/2013 – Implementing Regulations (EU) 2017/367 and 2017/366 – Manifest error of assessment)
ECLI:EU:UNKNOWN:62020TA0403
62020TA0403
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Official Journal of the European Union
C series
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C/2025/542
(Case T-403/20)
(Dumping - Subsidies - Imports of crystalline silicon photovoltaic modules and cells originating in or consigned from China - Definitive anti-dumping and countervailing duties - Undertaking - Invalidation of undertaking invoices - Legal basis - Article 8(9) of Regulation (EU) 2016/1036 - Article 13(9) of Regulation (EU) 2016/1037 - Implementing Regulations (EU) No 1238/2013 and No 1239/2013 - Implementing Regulations (EU) 2017/367 and 2017/366 - Manifest error of assessment)
(C/2025/542)
Language of the case: English
Parties
Applicant: Wuxi Suntech Power Co. Ltd (Wuxi, China) (represented by: R. Antonini, E. Monard and B. Maniatis, lawyers)
Defendant: European Commission (represented by: R. Pethke and T. Maxian Rusche, acting as Agents)
Intervener in support of the defendant: Council of the European Union (represented by: H. Marcos Fraile and B. Driessen, acting as Agents, and by N. Tuominen, lawyer)
Re:
By its action based on Article 263 TFEU, the applicant seeks the annulment of Commission Implementing Regulation (EU) 2020/444 of 25 March 2020 invalidating invoices [that it] issued in breach of the undertaking repealed by Implementing Regulation (EU) 2017/1570 (OJ 2020 L 92, p. 10).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Wuxi Suntech Power Co. Ltd to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Council of the European Union to bear its own costs.
* * *
(1) Language of the case: English.
ELI: http://data.europa.eu/eli/C/2025/542/oj
ISSN 1977-091X (electronic edition)
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