7.9.2020

EN

Official Journal of the European Union

C 297/45

(Case T-441/20)

(2020/C 297/59)

Language of the case: English

Parties

Applicants: Jindal Saw Ltd (New Delhi, India), Jindal Saw Italia SpA (Trieste, Italy) (represented by: R. Antonini, E. Monard and B. Maniatis, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul Commission Implementing Regulation (EU) 2020/526 of 15 April 2020 re-imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India as regards Jindal Saw Limited following the judgment of the General Court in T-300/16;

—order the Commission to bear the costs of these proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law.

1.First plea in law, alleging infringement of Article 16(1) of Regulation (EC) No 597/2009 and of the general principle of non-retroactivity.

2.Second plea in law, alleging infringement of the general principle of non-retroactivity and the general principle of legal certainty.

3.Third plea in law, alleging infringement of Article 266 TFEU and Article 264 TFEU.

4.Fourth plea in law, alleging infringement of the principle of proportionality and Article 5(1) and 5(4) TEU.

5.Fifth plea in law, alleging infringement of the right to an effective remedy and Article 47 of the Charter of Fundamental Rights of the European Union.

6.Sixth plea in law, alleging infringement of Article 103 of the Union Customs Code and Article 296 TFEU.

7.Seventh plea in law, alleging lack of competence of the Commission to impose registration of Jindal’s imports and infringement of Article 24(5) of Regulation (EC) No 597/2009.