Official Journal of the European Union

EN

C series

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C/2025/2703

19.5.2025

(Case T-220/25)

(C/2025/2703)

Language of the case: English

Parties

Applicants: LB Group Co. Ltd (Jiaozuo, China) and six others (represented by: J. Cornelis and F. Graafsma, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—annul Commission Implementing Regulation (EU) 2025/4 of 17 December 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of titanium dioxide originating in the People’s Republic of China; and

—order the European Commission to pay the applicants’ costs.

Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.

1.First plea in law, alleging a violation of Articles 2(10)(i) and the chapeau of Article 2(10) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘basic Regulation’), on account of the Commission’s decision to make an adjustment to the export price for commissions (in the form of a mark-up) received by the LB traders (Billions HK and BEL), and more specifically:

—A violation of Article 2(10)(i) of basic Regulation, as the Commission did not demonstrate that the LB traders (Billions HK and BEL) performed functions similar to an agent working on a commission basis;

—A violation of the chapeau of Article 2(10) of basic Regulation, as the Commission did not demonstrate that commission (in the form of a mark- up) received by the LB traders affected prices and price comparability; and

—A manifest error of assessment in quantifying the amount of adjustment to be made under Article 2(10)(i) of basic Regulation.

2.Second plea in law, alleging a violation of Article 2(10)(k) of basic Regulation, on account of the Commission’s decision to make an adjustment to the normal value for non-refundable VAT (for export sales), without demonstrating that the conditions for such an adjustment had been met.

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(1)

OJ L 176, 30.6.2016, p. 21.

ELI: http://data.europa.eu/eli/C/2025/2703/oj

ISSN 1977-091X (electronic edition)

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