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Case T-187/23: Action brought on 11 April 2023 — PT Permata Hijau Palm Oleo and PT Nubika Jaya v Commission
ECLI:EU:UNKNOWN:62023TN0187
62023TN0187
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22.5.2023
EN
Official Journal of the European Union
C 179/76
(Case T-187/23)
(2023/C 179/105)
Language of the case: English
Parties
Applicants: PT Permata Hijau Palm Oleo (Medan, Indonesia), PT Nubika Jaya (Medan, Indonesia) (represented by: F. Graafsma and J. Cornelis, lawyers)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
—Annul Commission Implementing Regulation (EU) 2023/111 of 18 January 2023 imposing a definitive anti-dumping duty on imports of fatty acid originating in Indonesia (1), and
—Order the European Commission to pay the applicants’ costs.
Pleas in law and main arguments
In support of the action, the applicants rely on two pleas in law.
1.First plea in law, alleging a violation of Article 17(3) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (‘basic Regulation’) by rejecting the applicants’ request for individual dumping margin examination.
2.Second plea in law, alleging a violation of Articles 3(2), 9(1), 9(2), 9(4) and 21(1) of basic Regulation, as well as Articles 5.7 and 5.8 of WTO Anti-Dumping Agreement by continuing the investigation and imposing duties despite the withdrawal of the complaint.
(1) JO 2023, L 18, p. 1.