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Case T-790/19: Action brought on 13 November 2019 – Novolipetsk Steel v Commission
ECLI:EU:UNKNOWN:62019TN0790
62019TN0790
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Official Journal of the European Union
C 10/49
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(Case T-790/19)
(2020/C 10/60)
Language of the case: English
Parties
Applicant: Novolipetsk Steel PAO (Lipetsk, Russia) (represented by: P. Vander Schueren and E. Gergondet, lawyers)
Defendant: European Commission
Form of order sought
The applicant claim that the Court should:
—annul Article 1 of Commission Implementing Regulation (EU) 2019/1382 (1), as far as it applies to the applicant;
—maintain the effects of the contested Regulation until the defendant adopts the measures needed to comply with the judgment of the General Court, in accordance with the second paragraph of Article 264 TFEU;
—order the defendant to pay the costs incurred by the applicant in relation to these proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging that the defendant lacked competence and acted in breach of Article 1(1) of Regulation (EU) 2015/477 (‘Combined Effect Regulation’) (2) and Article 9(5) of Regulation (EU) 2016/1036 (‘Basic AD Regulation’) (3), by imposing varying levels of anti-dumping duties, depending on whether or not quotas under the safeguard measures are exhausted.
2.Second plea in law, alleging that the Defendant committed a manifest error of assessment and acted in breach of Article 1(1) of the Combined Effect Regulation and Article 9(5) of the Basic AD Regulation by only amending the anti-dumping measures once the quotas under the safeguard measures are exhausted.
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(1) Commission Implementing Regulation (EU) 2019/1382 of 2 September 2019 amending certain Regulations imposing anti-dumping or anti-subsidy measures on certain steel products subject to safeguard measures, OJ L 227, 3.9.2019, p. 1.
(2) Regulation (EU) 2015/477 of the European Parliament and of the Council of 11 March 2015 on measures that the Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures, OJ L 83, 27.3.2015, p. 11.
(3) 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 (codification), OJ L 176, 30.6.2016, p. 21.