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9.12.2019 |
EN |
Official Journal of the European Union |
C 413/38 |
Judgment of the General Court of 24 September 2019 — Xinyi PV Products (Anhui) Holdings v Commission
(Case T-586/14 RENV) (1)
(Dumping - Imports of solar glass originating in China - Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009 (now Article 2(7)(b) and (c) of Regulation (EU) 2016/1036) - Market economy treatment - Concept of ‘significant distortion in the production costs and financial situation of firms’ - Tax incentives - Manifest error of assessment)
(2019/C 413/45)
Language of the case: English
Parties
Applicant: Xinyi PV Products (Anhui) Holdings Ltd (Anhui, China) (represented by: Y. Melin, lawyer)
Defendant: European Commission (represented by: L. Flynn and T. Maxian Rusche, acting as Agents)
Interverner in support of the defendant: GMB Glasmanufaktur Brandenburg GmbH (Tschernitz, Germany) (represented by: R. MacLean, Solicitor)
Re:
Application under Article 263 TFEU for annulment of Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China (OJ 2014 L 142, p. 1; corrigendum OJ 2014 L 253, p. 4).
Operative part of the judgment
The Court:
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1. |
Annuls Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China; |
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2. |
Orders the European Commission to bear its own costs and to pay the costs of Xinyi PV Products (Anhui) Holdings Ltd, with the exception of those relating to the intervention; |
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3. |
Orders GMB Glasmanufaktur Brandenburg GmbH to bear its own costs and to pay the costs of Xinyi PV Products (Anhui) Holdings relating to its intervention. |