Official Journal of the European Union

C series

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C/2025/541

(Case T-733/19)

(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 - Related company - First independent customer - Article 3(1)(a) of Implementing Regulation (EU) No 1238/2013 - Article 2(1)(a) of Implementing Regulation (EU) No 1239/2013 - Implementing Regulations (EU) 2017/367 and 2017/366)

(C/2025/541)

Language of the case: English

Parties

Applicants: Zhejiang Sunflower Light Energy Science & Technology Ltd (Shaoxing, China) and Sunowe Solar GmbH (Nuremberg, Germany) (represented by: Y. Melin and I. Fressynet, lawyers, and D. Arnold, Solicitor)

Defendant: European Commission (represented by: T. Maxian Rusche and R. Pethke, 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 their action based on Article 263 TFEU, the applicants seek the annulment of Commission Implementing Regulation (EU) 2019/1329 of 6 August 2019 invalidating invoices issued by Zhejiang Sunflower Light Energy Science & Technology Ltd in breach of the undertaking repealed by Implementing Regulation (EU) 2017/1570 (OJ 2019 L 207, p. 12).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Zhejiang Sunflower Light Energy Science & Technology Ltd and Sunowe Solar GmbH to bear their own costs and to pay those incurred by the European Commission;

3.Orders the Council of the European Union to bear its own costs.

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Language of the case: English.

ELI: http://data.europa.eu/eli/C/2025/541/oj

ISSN 1977-091X (electronic edition)

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