26.2.2018

EN

Official Journal of the European Union

C 72/42

(Case T-835/17)

(2018/C 072/53)

Language of the case: English

Parties

Applicant: Eurofer, Association Européenne de l'Acier, ASBL (Bruxelles, Belgium) (represented by: J. Killick, Barrister and G. Forwood, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul Article 2 of the Commission Implementing Regulation 2017/1795 of 5 October 2017 (JO 2017, L 258, p. 24)

—order the requested measures of organisation of procedure; and

—order the Commission to pay its costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law:

1.First plea in law, alleging a manifest error of appreciation and an error of law in deciding not to cumulate Serbian imports with imports from the other four countries under investigation, in accordance with Article 3(4) of the Basic Regulation.(1)

2.Second plea in law, alleging a manifest error of appreciation and an error in law in finding that trade defence measures against Serbia were ‘unnecessary’ within the meaning of Article 9(2) of the Basic Regulation, even on a de-cumulated basis.

3.Third plea in law, alleging a breach of Article 20(2) of the Basic Regulation, the applicant’s right to disclosure and its rights of defence, as well as a breach of the duty of good administration under Article 41 of the Charter of the Fundamental Rights of the European Union, owing to the Commission’s failure to disclose the injury margin (underselling) and undercutting margin with respect to Serbian imports, and its consequent refusal to examine carefully and impartially all relevant aspects of the case.

*

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 176/21).