22.8.2016

EN

Official Journal of the European Union

C 305/51

(Case T-364/16)

(2016/C 305/69)

Language of the case: English

Parties

Applicants: ArcelorMittal Tubular Products Ostrava a.s. (Ostrava-Kunčice, Czech Republic) and 12 other applicants (represented by: G. Berrisch, lawyer, and B. Byrne, Solicitor)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul the decision of the European Commission adopted on or before 6 June 2016 to remove Hubei Xinyegang Steel Co. Ltd from the list of companies listed under TARIC Additional Code A950 and instead list it under a new TARIC Additional Code C129 for all the TARIC Codes mentioned in Article 1(1) of Commission Implementing Regulation (EU) 2015/2272 of 7 December 2015 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron or steel originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ 2015 L 322, p. 21) and thereby reducing the rate of anti-dumping duty applicable to imports of SPT produced by Hubei to 0 %,

—order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on a single plea arguing that the challenged decision lacked a legal basis and therefore violates Article 1(2) and the Annex to Commission Implementing Regulation (EU) 2015/2272.

The European Commission based the challenged decision on the judgment of the Court of Justice in ArcelorMittal Tubular Products Ostrava a.s. and Others v Hubei Xinyegang Steel Co. Ltd and Council of the European Union v Hubei Xinyegang Steel Co. Ltd (Joined Cases C-186/14 P and C-193/14 P, EU:C:2016:209), by which the Court confirmed the judgment of the General Court in Hubei Xinyegang Steel Co. Ltd v Council of the European Union (T-528/09, EU:T:2014:35), by which the General Court had annulled Council Regulation (EC) No 926/2009 imposing an anti-dumping duty on certain seamless pipes and tubes (‘SPT’) originating in the People’s Republic of China in so far as it imposed an anti-dumping duty on products produced by Hubei Xinyegang Steel Co. Ltd. According to the applicants, the European Commission wrongly extended the annulment of Council Regulation (EC) No 926/2009 to Commission Implementing Regulation (EU) 2015/2272 because the latter regulation was not the subject matter of the dispute in the previous court cases. Therefore, the European Commission could have adopted the challenged decision only after it had repealed Regulation (EU) 2015/2272.