EN

Official Journal of the European Union

C 328/19

(Case T-435/15)

(2015/C 328/20)

Language of the case: English

Parties

Applicant: Kolachi Raj Industrial (Private) Ltd (Karachi, Pakistan) (represented by: P. Bentley, QC)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul Commission Implementing Regulation (EU) 2015/776 (1) in so far as it:

—(i) rejects the applicant’s request for an exemption from any extension of anti-dumping measures to imports of bicycles consigned from Pakistan;

—(ii) extends the definitive anti-dumping duty imposed by Council Regulation (EU) No 502/2013 (2) on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned by the Applicant from Pakistan; and

—(iii) orders the collection of the said duty on imports consigned from Pakistan and registered in accordance with Article 2 of Regulation (EU) No 938/2014 (3).

—order the defendant to pay the costs of the proceeding.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea, alleging that the defendant infringed Article 13(2)(b) of the Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51). More specifically, in the application of Article 13(2)(b) the defendant committed errors of procedure and law, and used incoherent reasoning.

(1) Commission Implementing Regulation (EU) 2015/776 of 18 May 2015 extending the definitive anti-dumping duty imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People's Republic of China to imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not (OJ 2015 L 122, p. 4).

(2) Council Regulation (EU) No 502/2013 of 29 May 2013 amending Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ 2013 L 153, p. 17).

(3) Commission Implementing Regulation (EU) No 938/2014 of 2 September 2014 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EU) No 502/2013 on imports of bicycles originating in the People's Republic of China by imports of bicycles consigned from Cambodia, Pakistan and the Philippines, whether declared as originating in Cambodia, Pakistan and the Philippines or not, and making such imports subject to registration (OJ 2014 L 263, p. 5).