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Case T-300/16: Judgment of the General Court of 10 April 2019 — Jindal Saw and Jindal Saw Italia v Commission (Subsidies — Imports of tubes and pipes of ductile cast iron originating in India — Implementing Regulation (EU) 2016/387 — Imposition of a definitive countervailing duty — Indian scheme establishing an export tax on iron ore and a dual railway freight charge placing the transport of iron ore for export at a disadvantage — Article 3(1)(a)(iv) of Regulation (EC) No 597/2009 (replaced by Regulation (EU) 2016/1037) — Financial contribution — Provision of goods — Action consisting of ‘entrusting’ a private body to carry out a function constituting a financial contribution — Article 4(2)(a) of Regulation No 597/2009 — Specificity of a subsidy — Article 6(d) of Regulation No 597/2009 — Calculation of benefit — Injury to the Union industry — Calculation of price undercutting and the injury margin — Causal link — Access to confidential data of the subsidy investigation — Rights of the defence)
ECLI:EU:UNKNOWN:62016TA0300
62016TA0300
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Official Journal of the European Union
C 187/60
(Case T-300/16) (*)
(Subsidies - Imports of tubes and pipes of ductile cast iron originating in India - Implementing Regulation (EU) 2016/387 - Imposition of a definitive countervailing duty - Indian scheme establishing an export tax on iron ore and a dual railway freight charge placing the transport of iron ore for export at a disadvantage - Article 3(1)(a)(iv) of Regulation (EC) No 597/2009 (replaced by Regulation (EU) 2016/1037) - Financial contribution - Provision of goods - Action consisting of ‘entrusting’ a private body to carry out a function constituting a financial contribution - Article 4(2)(a) of Regulation No 597/2009 - Specificity of a subsidy - Article 6(d) of Regulation No 597/2009 - Calculation of benefit - Injury to the Union industry - Calculation of price undercutting and the injury margin - Causal link - Access to confidential data of the subsidy investigation - Rights of the defence)
(2019/C 187/64)
Language of the case: English
Parties
Applicants: Jindal Saw Ltd (New Delhi, India), Jindal Saw Italia SpA (Trieste, Italy) (represented by: R. Antonini and E. Monard, lawyers)
Defendant: European Commission (represented by: J.-F. Brakeland and G. Luengo, Agents)
Intervener in support of the defendant: Saint-Gobain Pam (Pont-à-Mousson, France) (represented by: O. Prost, A. Coelho Dias and C. Bouvarel, lawyers)
Re:
Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) 2016/387 of 17 March 2016 imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India (OJ 2016 L 73, p. 1), in so far as that regulation concerns the applicants.
Operative part of the judgment
The Court:
1.Annuls Commission Implementing Regulation (EU) 2016/387 of 17 March 2016 imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India, in so far as it concerns Jindal Saw Ltd;
2.Orders the European Commission to bear its own costs and to pay the costs incurred by Jindal Saw and Jindal Saw Italia SpA;
3.Orders Saint-Gobain Pam to bear its own costs.
(*)
Language of the case: English
* * *
OJ C 314, 29.8.2016.