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Case T-205/14: Judgment of the General Court of 23 September 2015 — Schroeder v Council and Commission (Non-contractual liability — Dumping — Imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 declared by the Court of Justice to be invalid — Loss allegedly suffered by the applicant following the adoption of the regulation — Action for compensation — Exhaustion of domestic remedies — Admissibility — Sufficiently serious infringement of a rule of law conferring rights on individuals — Article 2(7)(a) of Regulation (EC) No 384/96 (now Article 2(7)(a) of Regulation (EC) No 1225/2009) — Duty of care — Causal link)
ECLI:EU:UNKNOWN:62014TA0205
62014TA0205
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Official Journal of the European Union
C 389/46
(Case T-205/14) (<span class="super">1</span>)
((Non-contractual liability - Dumping - Imports of certain prepared or preserved citrus fruits originating in China - Regulation (EC) No 1355/2008 declared by the Court of Justice to be invalid - Loss allegedly suffered by the applicant following the adoption of the regulation - Action for compensation - Exhaustion of domestic remedies - Admissibility - Sufficiently serious infringement of a rule of law conferring rights on individuals - Article 2(7)(a) of Regulation (EC) No 384/96 (now Article 2(7)(a) of Regulation (EC) No 1225/2009) - Duty of care - Causal link))
(2015/C 389/49)
Language of the case: German
Parties
Applicant: I. Schroeder KG (GmbH & Co.) (Hamburg, Germany) (represented by: K. Landry, lawyer)
Defendants: Council of the European Union (represented by: J.-P. Hix, acting as Agent, and initially D. Geradin and N. Tuominen, and subsequently N. Tuominen, lawyers) and European Commission (represented by: T. Maxian Rusche and R. Sauer, acting as Agents)
Re:
Action for compensation for the harm which the applicant claims to have suffered following the adoption of Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China (OJ 2008 L 350, p. 35), declared invalid by the judgment of 22 March 2012 in GLS (C-338/10, ECR, EU:C:2012:158)..
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders I. Schroeder KG (GmbH & Co.) to pay the costs.
(<span class="super">1</span>) OJ C 212, 7.7.2014.