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Case T-110/17: Judgment of the General Court of 8 July 2020 — Jiangsu Seraphim Solar System v Commission (Dumping — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China — Undertakings — Admissibility — Implementing Regulation (EU) 2016/2146 — Invalidation of undertaking invoices — Temporal application of new provisions)
ECLI:EU:UNKNOWN:62017TA0110
62017TA0110
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5.10.2020
Official Journal of the European Union
C 329/14
(Case T-110/17) (*)
(Dumping - Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China - Undertakings - Admissibility - Implementing Regulation (EU) 2016/2146 - Invalidation of undertaking invoices - Temporal application of new provisions)
(2020/C 329/30)
Language of the case: English
Parties
Applicant: Jiangsu Seraphim Solar System Co. Ltd (Changzhou, China) (represented by: Y. Melin, lawyer)
Defendant: European Commission (represented by: N. Kuplewatzky and T. Maxian Rusche, acting as Agents)
Intervener in support of the defendant: Council of the European Union (represented by: H. Marcos Fraile, acting as Agent, and by N. Tuominen, lawyer)
Re:
Application based on Article 263 TFEU seeking partial annulment of Commission Implementing Regulation (EU) 2016/2146 of 7 December 2016 withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China for the period of application of definitive measures (OJ 2016 L 333, p. 4), in so far as it concerns the applicant.
Operative part of the judgment
The Court:
1.Annuls Article 2 of Commission Implementing Regulation (EU) 2016/2146 of 7 December 2016 withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU confirming the acceptance of an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China for the period of application of definitive measures, in so far as it concerns Jiangsu Seraphim Solar System Co. Ltd;
2.Orders the European Commission to bear its own costs and to pay those incurred by Jiangsu Seraphim Solar System;
3.Orders the Council of the European Union to bear its own costs.
(*) Language of the case: English.
ECLI:EU:C:2020:140
15