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Case T-769/21: Action brought on 10 December 2021 — Euranimi v Commission
ECLI:EU:UNKNOWN:62021TN0769
62021TN0769
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31.1.2022
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Official Journal of the European Union
C 51/39
(Case T-769/21)
(2022/C 51/52)
Language of the case: English
Parties
Applicant: European Association of Non-Integrated Metal Importers & distributors (Euranimi) (Brussels, Belgium) (represented by: M. Campa, D. Rovetta, P. Gjørtler, V. Villante, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul Commission Implementing Regulation (EU) 2021/1483 of 15 September 2021 imposing a definitive anti-dumping duty on imports of stainless steel cold-rolled flat products originating in the People’s Republic of China and Taiwan following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council;
—order the European Commission to bear applicant’s and its own legal costs.
Pleas in law and main arguments
In support of the action to annul Commission Implementing Regulation (EU) 2021/1483 of 15 September 2021, the applicant relies on three pleas in law.
1.First plea in law, alleging breach of Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 — manifest error of assessment by the Commission’s services.
2.Second plea in law, alleging breach of Article 3(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 with regard to the injury and causation assessment for both Chinese and Taiwanese products — manifest error of assessment.
3.Third plea in law, alleging breach of Article 2(6a) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016, concerning the legal status of the Report by which the European Commission establishes the existence of significant market distortions in a certain country or a certain sector in that country and use of such reports for the dumping determination.
Commission Implementing Regulation (EU) 2021/1483 of 15 September 2021 imposing a definitive anti-dumping duty on imports of stainless steel cold-rolled flat products originating in the People’s Republic of China and Taiwan following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (JO 2021 L 327, p. 1)
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 (OJ 2016 L 176, p. 21)