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Case T-746/20: Action brought on 18 December 2020 — Grünig v Commission
ECLI:EU:UNKNOWN:62020TN0746
62020TN0746
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15.2.2021
EN
Official Journal of the European Union
C 53/55
(Case T-746/20)
(2021/C 53/71)
Language of the case: French
Parties
Applicant: Grünig KG (Bad Kissingen, Germany) (represented by: Y. Melin and B. Vigneron, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul, pursuant to Article 263 TFEU, Article 1(4) of Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols originating in the People’s Republic of China in that the European Commission infringed Article 9(5) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union by imposing an anti-dumping duty in a discriminatory manner by granting an exemption on the basis of the customs procedure of end-use;
—order the European Commission and any parties intervening in support of the Commission to pay all the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on a single plea in law alleging infringement of Article 9(5) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ 2016 L 176, p. 21) in that the contested regulation, namely Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols originating in the People’s Republic of China (OJ 2020 L 315, p. 1) does not impose an anti-dumping duty on all imports found to be dumped and causing harm.
The applicant considers that the Commission imposed an anti-dumping duty on imports of a product in a discriminatory manner, in breach of Article 9(5) of Regulation 2016/1036 referred to above, in that it provides for an exemption from the anti-dumping duty on the basis of the customs procedure of end-use. Consequently, the provision of Regulation (EU) 2020/1336 is unlawful and should be annulled.