Official Journal of the European Union

C series

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C/2025/367

(Joined Cases C-269/23 P and C-272/23 P)

(Appeal - Common commercial policy - Protection against subsidised imports from third countries - Agreement on Subsidies and Countervailing Measures of the World Trade Organization (WTO) - Articles 1 and 2 - Regulation (EU) 2016/1037 - Articles 2 to 4 - Concepts of ‘subsidy’, ‘government’, ‘specificity’ and ‘benefit’ - Financial contributions granted by Chinese public bodies to undertakings incorporated under Egyptian law owned by Chinese entities established in the China-Egypt Suez Economic and Trade Cooperation Zone - Possibility of classifying such financial contributions as subsidies granted by the Government of Egypt, having regard to that government’s own conduct - Whether permissible - Conditions - Financial contribution consisting in forgoing government revenue that is otherwise due - Benefit conferred on the recipient undertakings - Choice of the relevant reference situation for the purpose of characterising the existence of that financial contribution and that benefit - Articles 5 and 6 - Calculation of the benefit - Concepts of ‘recipient’ and ‘undertaking’)

(C/2025/367)

Language of the case: English

Parties

Appellants: Hengshi Egypt Fiberglass Fabrics SAE (C-269/23 P) and Jushi Egypt for Fiberglass Industry SAE (C-269/23 P and C-272/23 P) (represented by: V. Crochet and B. Servais, avocats)

Other parties to the proceedings: European Commission (represented by: P. Kienapfel, G. Luengo and P. Němečková, acting as Agents), Tech-Fab Europe eV (C-269/23 P) and Association des producteurs de fibres de verre européens (APFE) (C-272/23 P) (represented by: J. Beck, advocaat, and L. Ruessmann, avocat)

Operative part of the judgment

The Court:

1.Dismisses the appeals;

2.Orders Hengshi Egypt Fiberglass Fabrics SAE and Jushi Egypt for Fiberglass Industry SAE, in addition to bearing their own costs, to pay those incurred by the European Commission in Case C-269/23 P;

3.Orders Jushi Egypt for Fiberglass Industry SAE, in addition to bearing its own costs, to pay those incurred by the European Commission in Case C-272/23 P;

4.Orders Tech-Fab Europe eV to bear its own costs in Case C-269/23 P;

5.Orders the Association des producteurs de fibres de verre européens (APFE) to bear its own costs in Case C-272/23 P.

Language of the case: English

(C/2025/367)

ELI: http://data.europa.eu/eli/C/2025/367/oj

ISSN 1977-091X (electronic edition)

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(1) OJ C 216, 19.6.2023.

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ECLI:EU:C:2025:140

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