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Joined Cases C-884/19 P and C-888/19 P: Judgment of the Court (Fourth Chamber) of 2 December 2021 — European Commission v Xinyi PV Products (Anhui) Holdings Ltd, GMB Glasmanufaktur Brandenburg GmbH (C-884/19 P), GMB Glasmanufaktur Brandenburg GmbH v Xinyi PV Products (Anhui) Holdings Ltd, European Commission (C-888/19 P) (Appeal — Dumping — Imports of solar glass originating in China — Regulation (EC) No 1225/2009 — Article 2(7)(b) and (c) — ‘Undertaking operating under market economy conditions’ status — Denied — Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) — Tax incentives)
ECLI:EU:UNKNOWN:62019CA0884
62019CA0884
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Valentina R., lawyer
31.1.2022
Official Journal of the European Union
C 51/5
(Joined Cases C-884/19 P and C-888/19 P) (*)
(Appeal - Dumping - Imports of solar glass originating in China - Regulation (EC) No 1225/2009 - Article 2(7)(b) and (c) - ‘Undertaking operating under market economy conditions’ status - Denied - Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) - Tax incentives)
(2022/C 51/05)
Language of the case: English
Parties
Appellants: European Commission (represented initially by L. Flynn and T. Maxian Rusche and by A. Demeneix, and subsequently by L. Flynn and T. Maxian Rusche, acting as Agents) (C-884/19 P), GMB Glasmanufaktur Brandenburg GmbH (represented by: R. MacLean, solicitor) (C-888/19 P)
Other parties to the proceedings: Xinyi PV Products (represented by Y. Melin and B. Vigneron, lawyers) (C-884/19 P and C-888/19 P), GMB Glasmanufaktur Brandenburg GmbH (represented by: R. MacLean, solicitor) (C-884/19 P), European Commission (represented initially by L. Flynn and T. Maxian Rusche and by A. Demeneix, and subsequently by L. Flynn and T. Maxian Rusche, acting as Agents) (C-888/19)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 24 September 2019, Xinyi PV Products (Anhui) Holdings v Commission (T-586/14 RENV, EU:T:2019:668);
2.Refers the case back to the General Court of the European Union for a ruling on the second to fourth pleas in law raised before it;
3.Reserves the costs.
(*)
Language of the case: English
(1)
OJ C 54, 17.2.2020.
(2)
OJ C 45, 10.2.2020.
ECLI:EU:C:2025:140