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(Dumping - Subsidies - Imports of crystalline silicon photovoltaic modules and cells originating in or consigned from China - Definitive anti-dumping and countervailing duties - Undertaking - Invalidation of undertaking invoices - Legal basis - Article 8(9) of Regulation (EU) 2016/1036 - Article 13(9) of Regulation (EU) 2016/1037 - Implementing Regulations (EU) No 1238/2013 and No 1239/2013 - Implementing Regulations (EU) 2017/367 and 2017/366 - Manifest error of assessment)
(C/2025/543)
Language of the case: English
Applicant: Zhejiang Beyondsun Green Energy Technology Co. Ltd (Huzhou, China) (represented by: R. Antonini, E. Monard and B. Maniatis, lawyers)
Defendant: European Commission (represented by: R. Pethke and T. Maxian Rusche, acting as Agents)
Interveners in support of the applicant: BT Solar d.o.o (Varaždin, Croatia), RC-Log d.o.o., established in Koper (Slovenia) (represented by: A. Willems and B. Natens, lawyers)
Intervener in support of the defendant: Council of the European Union (represented by: H. Marcos Fraile and B. Driessen, acting as Agents, and by N. Tuominen, lawyer)
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Implementing Regulation (EU) 2020/1216 of 24 August 2020 invalidating invoices [that it] issued … in breach of the undertaking repealed by Implementing Regulation (EU) 2017/1570 (OJ 2020 L 276, p. 1).
The Court:
1.Dismisses the action;
2.Orders Zhejiang Beyondsun Green Energy Technology Co. Ltd to bear its own costs and to pay those incurred by the European Commission;
3.Orders BT Solar d.o.o., RC-Log d.o.o. and the Council of the European Union each to bear their own costs.
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Language of the case: English.
ELI: http://data.europa.eu/eli/C/2025/543/oj
ISSN 1977-091X (electronic edition)
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ECLI:EU:C:2025:140
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