This document is an excerpt from the EUR-Lex website
Document 62023TN0230
Case T-230/23: Action brought on 2 May 2023 — Hitit Seramik v Commission
Case T-230/23: Action brought on 2 May 2023 — Hitit Seramik v Commission
Case T-230/23: Action brought on 2 May 2023 — Hitit Seramik v Commission
OJ C 223, 26.6.2023, p. 38–38
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
26.6.2023 |
EN |
Official Journal of the European Union |
C 223/38 |
Action brought on 2 May 2023 — Hitit Seramik v Commission
(Case T-230/23)
(2023/C 223/50)
Language of the case: English
Parties
Applicant: Hitit Seramik Sanayi ve Ticaret AŞ (Maslak, Türkiye) (represented by: A. Willems and B. Natens, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
— |
declare the application admissible; |
— |
annul Commission Implementing Regulation (EU) 2023/265 of 9 February 2023 imposing a definitive anti-dumping duty on imports of ceramic tiles originating in India and Türkiye (1) and |
— |
order the Commission to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1. |
First plea in law, alleging that by using distorted costs of production to construct normal value for certain products, Regulation 2023/265 violates Articles 2(3), 2(5), first paragraph, and 2(10), first sentence, of Regulation (EU) 2016/1036 of the European Parliament and of the Council (2) and is vitiated by a manifest error of assessment. |
2. |
Second plea in law, alleging that by failing to adjust normal value for inflation, Regulation 2023/265 violates Article 2(10)(k) and 2(10), first sentence, of Regulation 2016/1036 and is vitiated by a manifest error of assessment. |
3. |
Third plea in law, alleging that by calculating an excessive dumping margin and imposing an excessive anti-dumping duty, Regulation 2023/265 violates Articles 2(12) and 9(4), second paragraph, of Regulation 2016/1036. |
4. |
Fourth plea in law, alleging that by reaching conclusions unsupported by the facts, Regulation 2023/265 violates Articles 3(2), 3(5) and 3(6), read together with Article 17(1), of Regulation 2016/1036 and is vitiated by a manifest error of assessment. |
(1) Commission Implementing Regulation (EU) 2023/265 of 9 February 2023 imposing a definitive anti-dumping duty on imports of ceramic tiles originating in India and Türkiye (OJ 2023 L 41, p. 1).
(2) 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).