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Case T-122/23: Judgment of the General Court of 5 February 2025 – Ege İhracatçıları Birliği and Others v Commission (Subsidies – Imports of rainbow trout originating in Türkiye – Implementing Regulation (EU) 2022/2390 – Definitive countervailing duty – Manifest error of assessment – Pass-through analysis – Calculation of subsidy amount – Methodology differing from that used in the original investigation – Change of circumstances – Existence of a benefit – Preferential loans and tax treatment – Definition of the product concerned)
ECLI:EU:UNKNOWN:62023TA0122
62023TA0122
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Official Journal of the European Union
C series
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C/2025/1757
31.3.2025
(Case T-122/23)
(Subsidies - Imports of rainbow trout originating in Türkiye - Implementing Regulation (EU) 2022/2390 - Definitive countervailing duty - Manifest error of assessment - Pass-through analysis - Calculation of subsidy amount - Methodology differing from that used in the original investigation - Change of circumstances - Existence of a benefit - Preferential loans and tax treatment - Definition of the product concerned)
(C/2025/1757)
Language of the case: English
Parties
Applicants: Ege İhracatçıları Birliği (Konak, Türkiye) and 19 other applicants whose names are set out in the annex to the judgment (represented by: G. Coppo, A. Scalini and G. Pregno, lawyers)
Defendant: European Commission (represented by: L. Di Masi, G. Luengo and J. Zieliński, acting as Agents)
Re:
By their action based on Article 263 TFEU, the applicants seek the annulment of Commission Implementing Regulation (EU) 2022/2390 of 7 December 2022 amending the definitive countervailing duty imposed on imports of certain rainbow trout originating in Türkiye by Implementing Regulation (EU) 2021/823 following a partial interim review pursuant to Article 19 of Regulation (EU) 2016/1037 of the European Parliament and of the Council (OJ 2022 L 316, p. 52), in so far as it concerns the applicants.
Operative part of the judgment
The Court:
Annuls Commission Implementing Regulation (EU) 2022/2390 of 7 December 2022 amending the definitive countervailing duty imposed on imports of certain rainbow trout originating in Türkiye by Implementing Regulation (EU) 2021/823 following a partial interim review pursuant to Article 19 of Regulation (EU) 2016/1037 of the European Parliament and of the Council in so far as it concerns Ege İhracatçıları Birliği and the other applicants whose names are set out in the annex, with the exception of Özpekler İnșaat Taahhüt Dayanıklı Tüketim Malları Su Ürünleri Sanayi ve Ticaret Ltd Șirketi and Selina Balık İșleme Tesisi İthalat İhracat Ticaret AȘ;
Dismisses the action as to the remainder;
Orders the European Commission to pay the costs.
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(1)
OJ C 155, 2.5.2023.
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ELI: http://data.europa.eu/eli/C/2025/1757/oj
ISSN 1977-091X (electronic edition)
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