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Joined Cases T-158/14, T-161/14 and T-163/14: Judgment of the General Court of 28 February 2017 — JingAo Solar and Others v Council (Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive countervailing duty — Undertakings — Action for annulment — Interest in bringing proceedings — Admissibility — Scope of the investigation — Sampling — Definition of the product concerned)
ECLI:EU:UNKNOWN:62014TA0158
62014TA0158
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18.4.2017
Official Journal of the European Union
C 121/22
(Joined Cases T-158/14, T-161/14 and T-163/14) (<span class="super note-tag">1</span>)
((Subsidies - Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China - Definitive countervailing duty - Undertakings - Action for annulment - Interest in bringing proceedings - Admissibility - Scope of the investigation - Sampling - Definition of the product concerned))
(2017/C 121/32)
Language of the case: English
Parties
Applicants: JingAo Solar Co. Ltd (Ningjin, China) and the five other applicants whose names appear in the annex to the judgment (represented initially by A. Willems, S. De Knop and J. Charles, and subsequently by A. Willems and S. De Knop, lawyers)
Defendant: Council of the European Union (represented by: B. Driessen, acting as Agent, B. O’Connor, Solicitor, and S. Gubel, lawyer)
Intervener in support of the defendant: European Commission (represented initially by J.-F. Brakeland, T. Maxian Rusche, and A. Stobiecka-Kuik, and subsequently by J.-F. Brakeland, T. Maxian Rusche, and A. Demeneix, acting as Agents)
Re:
Application under Article 263 TFEU for the annulment of Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China (OJ 2013 L 325, p. 66), in so far as it applies to the applicants.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders JingAo Solar Co. Ltd, and the other applicants whose names appear in the annex to bear their own costs and to pay those incurred by the Council of the European Union;
3.Orders the European Commission to bear its own costs.
(<span class="note"> <a id="ntr1-C_2017121EN.01002202-E0001" href="#ntc1-C_2017121EN.01002202-E0001">*1</a> </span>) OJ C 159, 26.5.2014.