This document is an excerpt from the EUR-Lex website
Document 62017TN0782
Case T-782/17: Action brought on 30 November 2017 — Wuxi Saijing Solar v Commission
Case T-782/17: Action brought on 30 November 2017 — Wuxi Saijing Solar v Commission
Case T-782/17: Action brought on 30 November 2017 — Wuxi Saijing Solar v Commission
OJ C 42, 5.2.2018, p. 33–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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5.2.2018 |
EN |
Official Journal of the European Union |
C 42/33 |
Action brought on 30 November 2017 — Wuxi Saijing Solar v Commission
(Case T-782/17)
(2018/C 042/47)
Language of the case: English
Parties
Applicant): Wuxi Saijing Solar Co. Ltd (Yixing, Chine) (represented by: Y. Melin, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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1. |
invalidate
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2. |
annul
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3. |
order the Commission, and any intervener who may be allowed to support the Commission in the course of the proceedings, to bear the costs of these proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on one plea in law:
The Commission breached Article 8(1), (9) & (10) and Article 10(5) 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), and Article 13(1), (9) & (10) and Article 16(5) of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (2), when it invalidated undertaking invoices and then directed customs to collect duties, as if no valid undertaking invoices had been issued and communicated to customs at the time the goods were declared for release in free circulation.
This plea in law is based on a plea of illegality of Article 3(2) of Council Implementing Regulation (EU) No 1238/2013 of 2 December 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China (3), and Article 2(2) of Council Implementing Regulation (EU) No 1239/2013 of 2 December 2013 imposing a definitive countervailing duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China (4), which give to the Commission the power to declare undertaking invoices invalid.