Official Journal of the European Union

EN

C series

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C/2025/2702

(Case T-219/25)

(C/2025/2702)

Language of the case: English

Parties

Applicants: Terex (Changzhou) Machinery Co. Ltd (Changzhou, China), Terex Global GmbH (Schaffhausen, Switzerland) (represented by: L. Ruessmann and J. Beck, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul Commission Implementing Regulation (EU) 2025/45 of 8 January 2025 imposing a definitive anti-dumping duty and definitely collecting the provisional duty imposed on imports of mobile access equipment originating in the People’s Republic of China (<span class="oj-super oj-note-tag">1</span>), insofar as it concerns the applicants and their related companies;

—order the Commission to bear the costs of these proceedings.

Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.

1.First plea in law, alleging that the Contested Regulation reflects a manifest error of assessment and a violation of Articles 2(8), 2(9) and 2(10) of the Basic Regulation in its rejection of the claim that the applicants and their related companies operate as a single economic entity. The subsequent use of the understated export price established in this manner leads to dumping margin calculations that violate Articles 2(11), 7(2), 9(4) and 9(5) and injury margin calculations that violate Articles 3(2), 3(6), 7(2), 9(4) and 9(5) of the Basic Regulation.

2.Second plea in law, alleging that the Commission violated Articles 2(9), 2(10), 3(2), 3(3), 3(6) 7(2), 9(4) and 9(5) of the Basic Regulation and did not conduct a fair price comparison in the injury margin calculations.

3.Third plea in law, alleging that the Commission did not conduct a fair price comparison in the dumping margin calculations and thereby violated Articles 2(8), 2(9), 2(10) and 2(11) of the Basic Regulation.

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(1) OJ L, 2025/45.

ELI: http://data.europa.eu/eli/C/2025/2702/oj

ISSN 1977-091X (electronic edition)

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