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Case T-487/14: Judgment of the General Court of 15 November 2018 — CHEMK and KF v Commission (Dumping — Imports of ferro-silicon originating in Russia — Definitive anti-dumping duty — Expiry review — Determination of the export price — Single economic entity — Reflection of the anti-dumping duty in resale prices in the European Union — Application of a methodology different from that used in an earlier investigation — Continuation or recurrence of dumping and injury — Article 2(9), Article 3 and Article 11(9) and (10) of Regulation (EC) No 1225/2009 (now Article 2(9), Article 3 and Article 11(9) and (10) of Regulation (EU) 2016/1036))
ECLI:EU:UNKNOWN:62014TA0487
62014TA0487
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Valentina R., lawyer
21.1.2019
Official Journal of the European Union
C 25/37
(Case T-487/14) (*)
((Dumping - Imports of ferro-silicon originating in Russia - Definitive anti-dumping duty - Expiry review - Determination of the export price - Single economic entity - Reflection of the anti-dumping duty in resale prices in the European Union - Application of a methodology different from that used in an earlier investigation - Continuation or recurrence of dumping and injury - Article 2(9), Article 3 and Article 11(9) and (10) of Regulation (EC) No 1225/2009 (now Article 2(9), Article 3 and Article 11(9) and (10) of Regulation (EU) 2016/1036)))
(2019/C 25/47)
Language of the case: English
Parties
Applicants: Chelyabinsk electrometallurgical integrated plant OAO (CHEMK) (Chelyabinsk, Russia) and Kuzneckie Ferrosplavy OAO (KF) (Novokuznetsk, Russia) (represented by: B. Evtimov and M. Krestiyanova, lawyers)
Defendant: European Commission (represented by: M. França, J.-F. Brakeland, A. Stobiecka-Kuik and A. Demeneix, Agents)
Intervener in support of the defendant: Euroalliages (Brussels, Belgium) (represented by: O. Prost and M.-S. Dibling, lawyers)
Re:
Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) No 360/2014 of 9 April 2014 imposing a definitive anti-dumping duty on imports of ferro-silicon originating in the People’s Republic of China and Russia, following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 (OJ 2014 L 107, p. 13), in so far as it concerns the applicants.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Chelyabinsk electrometallurgical integrated plant OAO (CHEMK) and Kuzneckie Ferrosplavy OAO (KF) to bear their own costs and to pay those incurred by the European Commission;
3.Orders Euroalliages to bear its own costs.
(*) Language of the case: English.
ECLI:EU:C:2019:140
* * *
(1) OJ C 282, 25.8.2014.