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Case T-540/20: Judgment of the General Court of 1 March 2023 — Jushi Egypt for Fiberglass Industry v Commission (Subsidies — Imports of continuous filament glass fibre products originating in Egypt — Implementing Regulation (EU) 2020/870 — Definitive countervailing duty and definitive collection of the provisional countervailing duty — Rights of the defence — Attributability of the subsidy — Manifest error of assessment — Import duty drawback scheme — Tax treatment of foreign exchange losses — Calculation of the undercutting margin)
ECLI:EU:UNKNOWN:62020TA0540
62020TA0540
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17.4.2023
Official Journal of the European Union
C 134/8
(Case T-540/20) (<span class="oj-super oj-note-tag">1</span>)
(Subsidies - Imports of continuous filament glass fibre products originating in Egypt - Implementing Regulation (EU) 2020/870 - Definitive countervailing duty and definitive collection of the provisional countervailing duty - Rights of the defence - Attributability of the subsidy - Manifest error of assessment - Import duty drawback scheme - Tax treatment of foreign exchange losses - Calculation of the undercutting margin)
(2023/C 134/10)
Language of the case: English
Parties
Applicant: Jushi Egypt for Fiberglass Industry SAE (Ain Sokhna, Egypt) (represented by: B. Servais and V. Crochet, lawyers)
Defendant: European Commission (represented by: P. Kienapfel, G. Luengo and P. Němečková, acting as Agents)
Intervener in support of the defendant: Association des producteurs de fibres de verre européens (APFE) (Ixelles, Belgium) (represented by: L. Ruessmann and J. Beck, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of Commission Implementing Regulation (EU) 2020/870 of 24 June 2020 imposing a definitive countervailing duty and definitively collecting the provisional countervailing duty imposed on imports of continuous filament glass fibre products originating in Egypt, and levying the definitive countervailing duty on the registered imports of continuous filament glass fibre products originating in Egypt (OJ 2020 L 201, p. 10) in so far as it concerns the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Jushi Egypt for Fiberglass Industry SAE to bear its own costs and to pay those incurred by the European Commission;
3.Orders the Association des producteurs de fibres de verre européens (APFE) to bear its own costs.
* * *
(<span class="oj-super">1</span>) OJ C 378, 9.11.2020.