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Case T-310/16: Judgment of the General Court of 20 March 2019 — Foshan Lihua Ceramic v Commission (Dumping — Imports of ceramic tiles originating in China — Article 11(4) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(4) and (5) and Article 17 of Regulation (EU) 2016/1036) — Refusal to grant new exporting producer treatment in accordance with Article 3 of Implementing Regulation (EU) No 917/2011 — Sampling — Individual examination — Confidentiality)

ECLI:EU:UNKNOWN:62016TA0310

62016TA0310

March 20, 2019
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Official Journal of the European Union

C 155/38

(Case T-310/16) (*)

(Dumping - Imports of ceramic tiles originating in China - Article 11(4) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(4) and (5) and Article 17 of Regulation (EU) 2016/1036) - Refusal to grant new exporting producer treatment in accordance with Article 3 of Implementing Regulation (EU) No 917/2011 - Sampling - Individual examination - Confidentiality)

(2019/C 155/45)

Language of the case: English

Parties

Applicant: Foshan Lihua Ceramic Co. Ltd (Foshan, China) (represented by: B. Spinoit, D. Philippe and A. Wese, lawyers)

Defendant: European Commission (represented initially by: A. Demeneix, M. França and T. Maxian Rusche, and subsequently by A. Demeneix, T. Maxian Rusche and N. Kuplewatzky, acting as Agents)

Intervener in support of the defendant: Cerame-Unie AISBL (Brussels, Belgium) (represented by: V. Akritidis, lawyer)

Re:

Application pursuant to Article 263 TFEU, for the annulment of the Commission’s Implementing Decision C(2016) 2136 final of 15 April 2016 rejecting a request for a new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tiles originating in the People’s Republic of China by Implementing Regulation (EU) No 917/2011.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Foshan Lihua Ceramic Co. Ltd to bear its own costs and to pay those incurred by the European Commission;

3.Orders Cerame-Unie AISBL to bear its own costs.

(*) Language of the case: English.

ECLI:EU:C:2019:140

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