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Joined Cases T-445/11 and T-88/12: Order of the General Court of 11 January 2013 — Charron Inox and Almet v Council and Commission (Action for annulment — Action for damages — Dumping — Imports of certain seamless pipes and tubes of stainless steel originating in China — Provisional antidumping duty — No need to adjudicate — Definitive antidumping duty — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law)
ECLI:EU:UNKNOWN:62011TB0445
62011TB0445
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Valentina R., lawyer
9.3.2013
Official Journal of the European Union
C 71/21
(Joined Cases T-445/11 and T-88/12)
(Action for annulment - Action for damages - Dumping - Imports of certain seamless pipes and tubes of stainless steel originating in China - Provisional antidumping duty - No need to adjudicate - Definitive antidumping duty - Action in part manifestly inadmissible and in part manifestly devoid of any basis in law)
2013/C 71/33
Language of the case: French
Parties
Applicants: Charron Inox (Marseille, France), and Almet (Satolas-et Bonce, France) (represented by: P.-O. Koubi-Flotte, lawyer)
Defendants: Council of the Eurpoean Union (represented by: J.-P. Hix, acting as Agent, and G. Berrisch and A. Polcyn, lawyers (Case T-88/12) and European Commission (represented by: B. Stromsky and S. Thomas, acting as Agents) (Case T-445/11)
Intervener in support of the form of order sought by the defendant: European Commission (represented by: B. Stromsky and S. Thomas, acting as Agents) (Case T-88/12)
Re:
In Case T-445/11, principally, annulment of Commission Regulation (EU) No 627/2011 of 27 June 2011 imposing a provisional anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China (OJ 2011 L 169, p. 1) and, in the alternative, an application for damages for the damage allegedly suffered by the applicant following the immediate entry into force of the contested regulation and, in Case T-88/12, principally, annulment of Council Implementing Regulation (EU) No 1331/2011 of 14 December 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China (OJ 2011 L 336, p. 6) and, in the alternative, a claim for compensation for damage allegedly suffered by the applicants in consequence of the definitive collection of the provisional duty ordered in that regulation.
Operative part of the order
1.Cases T-445/11 and T-88/12 are joined for the purposes of the order
2.The objections as to admissibility raised in Cases T-445/11 and T-88/12 are joined to the main actions.
3.There is no further need to adjudicate in Case T-445/11.
4.The action in Case T-88/12 is dismissed as, in part, manifestly inadmissible and, in part manifestly devoid of any basis in law.
5.Charron Inox and Almet shall pay all the costs of Case T-445/11.
6.Charron Inox and Almet shall pay the costs incurred by the Council of the European Union in Case T-88/12 and shall bear their own costs thereof.
7.The European Commission shall bear its own costs in Case T-88/12.
(1) OJ C 290, 1.10.2011.