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Case T-781/21: Action brought on 18 December 2021 — EAA v Commission
ECLI:EU:UNKNOWN:62021TN0781
62021TN0781
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14.2.2022
EN
Official Journal of the European Union
C 73/54
(Case T-781/21)
(2022/C 73/68)
Language of the case: English
Parties
Applicant: European Aluminium Association (EAA) (Brussels, Belgium) (represented by: B. O’Connor and M. Hommé, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul Article 3 of Commission Implementing Regulation (EU) 2021/1784, by which the Commission does not order the collection of provisional duties;
—order the Commission to pay the applicant’s costs incurred by this application.
Pleas in law and main arguments
In support of the action for annulment of Article 3 of Commission Implementing Regulation (EU) 2021/1784 (1), the applicant relies on three pleas in law.
1.First plea in law, alleging that the Commission has acted in breach of Regulation 2016/1036 of the European Parliament and of the Council (2), and in particular Article 10(2) thereof, the object and purpose of Regulation 2016/1036 of the European Parliament and of the Council and the established Commission practice to order the collection of provisional duties.
2.Second plea in law, alleging that the Commission has not complied with the obligation under Article 296 TFEU to state reasons.
3.Third plea in law, alleging that the Commission did not comply with the principles of due process and good administration.
(1) Commission Implementing Regulation (EU) 2021/1784, of 8 October 2021, imposing a definitive anti-dumping duty on imports of aluminium flat-rolled products originating in the People’s Republic of China (OJ 2021 L 359, p. 6).
(2) Regulation (EU) 2016/1036 of the European Parliament and of the Council, of 8 June 2016, on protection against dumped imports from countries not members of the European Union (OJ 2016 L 176, p. 21).