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Document 62012TN0088
Case T-88/12: Action brought on 20 February 2012 — Charron Inox and Almet v Council
Case T-88/12: Action brought on 20 February 2012 — Charron Inox and Almet v Council
Case T-88/12: Action brought on 20 February 2012 — Charron Inox and Almet v Council
OJ C 109, 14.4.2012, p. 32–33
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
14.4.2012 |
EN |
Official Journal of the European Union |
C 109/32 |
Action brought on 20 February 2012 — Charron Inox and Almet v Council
(Case T-88/12)
2012/C 109/65
Language of the case: French
Parties
Applicants: Charron Inox (Marseille, France) and Almet (Satolas-et-Bonce, France) (represented by: P.-O. Koubi-Flotte, lawyer)
Defendant: Council of the European Union
Form of order sought
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principally, annul Council Regulation (EU) No 1331/2011 of 14 December 2011 as being based on inadequate economic findings; |
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in the alternative, annul Article 2 of Council Regulation (EU) No 1331/2011 of 14 December 2011 which collects definitively the provisional anti-dumping duty already collected, in so far as that collection is inconsistent with the principle of legitimate expectations; |
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in the further alternative, acknowledge the European Union’s non-contractual liability that validates the direct application of a collection which, in view of the subject-matter, ought to have been announced to the economic operators concerned within reasonable periods of time sufficient to enable them to anticipate their economic options with sufficient legal certainty; |
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in each case, order the repayment to and/or indemnification of the applicant companies in the following amounts:
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Pleas in law and main arguments
The pleas in law and main arguments on which the applicants rely in support of their action against the regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China (1) are essentially identical or similar to those relied on in Case T-445/11 Charron Inox and Almet v Commission, (2) concerning the regulation imposing a provisional anti-dumping duty on those imports. (3)
(1) Council Implementing Regulation (EU) No 1331/2011 of 14 December 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China (OJ 2011 L 336, p. 6).
(3) Commission Regulation (EU) No 627/2011 of 27 June 2011 imposing a provisional anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China (OJ 2011 L 169, p. 1).