24.10.2016

EN

Official Journal of the European Union

C 392/42

(Case T-442/16)

(2016/C 392/55)

Language of the case: Czech

Parties

Applicant: Šroubárna Ždánice a.s. (Kyjov, Czech Republic) (represented by: M. Osladil, lawyer)

Defendant: Council of the European Union

Form of order sought

—find that the European Union is obliged to pay the applicant the sum of CZK 75 502 534 as compensation for damage;

—order the European Union to pay the applicant’s costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging that all the conditions are satisfied for the non-contractual liability for damage of the European Union to be established in accordance with Article 268 TFEU in conjunction with the second paragraph of Article 340 TFEU:

—by imposing an anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China, later extended to imports from Malaysia, the European Union breached its obligations arising from membership of the WTO, specifically laid down in the Anti-Dumping Agreement;

—breaching the Anti-Dumping Agreement produced a breach of Article 216(2) TFEU;

—as a result of the unlawful action by the European Union, the applicant incurred damage in the amount of CZK 75 502 534;

—there was a causal relationship between the amount of damage and the unlawful conduct of the European Union.