23.11.2020

Official Journal of the European Union

C 399/23

(Case C-362/20)

(2020/C 399/32)

Language of the case: Dutch

Referring court

Parties to the main proceedings

Appellants: Openbaar Ministerie, Federale Overheidsdienst Financiën

Respondents: Profit Europe NV, Gosselin Forwarding Services NV

Question referred

Are threaded tube or pipe cast fittings, of spheroidal graphite cast iron, from China, subject to anti-dumping duties under Commission Regulation (EU) No 1071/2012 of 14 November 2012 imposing a provisional anti-dumping duty on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand (OJ 2012 L 318, p. 10) and Council Implementing Regulation (EU) No 430/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in the People’s Republic of China and Thailand and terminating the proceeding with regard to Indonesia (OJ 2013 L 129, p. 1), given the ruling of the Court of Justice of the European [Union], in its judgment of 12 July 2018 in Joined Cases C-397/17 and C-398/17, that tube or pipe cast fittings of spheroidal graphite cast iron are not tube or pipe cast fittings of malleable cast iron and that tube or pipe cast fittings of spheroidal graphite cast iron fall under a different subheading than tube or pipe cast fittings of malleable cast iron?