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8.6.2015 |
EN |
Official Journal of the European Union |
C 190/5 |
Appeal brought on 24 March 2015 by SolarWorld AG against the order of the General Court (Fifth Chamber) delivered on 14 January 2015 in Case T-507/13: SolarWorld AG and others v European Commission
(Case C-142/15 P)
(2015/C 190/05)
Language of the case: English
Parties
Appellant: SolarWorld AG (represented by: L. Ruessmann, avocat, J. Beck, Solicitor)
Other parties to the proceedings: European Commission,
Brandoni solare SpA,
Global Sun Ltd,
Silicio Solar, SAU,
Solaria Energia y Medio Ambiente, SA
Form of order sought
The Appellant claims that the Court should:
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Declare the Appeal admissible and well-founded; |
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Set aside the General Court’s Order in Case T-507/13; |
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Declare the Application for annulment in Case T-507/13 admissible; and |
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Refer the case back to the General Court for a decision on the substance of the Application for annulment. |
Pleas in law and main arguments
In support of the appeal, the Appellant put forward the following arguments:
The General Court erred by finding that the Appellant is not directly concerned by Commission Decision 2013/423/EU (1) because that Decision would not directly affect the legal situation of the Appellant and was subject to implementing measures.
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The General Court erred by finding that the Appellant is not directly affected by Commission Decision 2013/423/EU because it was implemented by Regulation 748/2013 (2). Regulation 748/2013 is a confirmatory act in relation to Decision 2013/423/EU. The Appellant had therefore standing to appeal Decision 2013/423/EU directly. |
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The General Court’s finding that the Decision 2013/423/EU entails implementing measures was erroneous as the General Court did not analyse whether the Commission had any discretion when adopting Regulation 748/2013 or whether the implementation of Decision 2013/423/EU was merely automatic with regard to the Appellant, which in fact was the case. |
(1) Commission Decision of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, OJ L 209, p. 26.
(2) Commission Regulation of 2 August 2013 amending Regulation (EU) No 513/2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, OJ L 209, p. 1.