10.8.2015   

EN

Official Journal of the European Union

C 262/8

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Declare the Appeal admissible and well-founded;

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Set aside the General Court’s findings with regard to the second part of the first plea in law:

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Dismiss the first plea in law of the Applicant before the General Court in its entirety; and

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Order the Applicant before the General Court to pay the Appellant’s costs for the Appeal and the Intervention before the General Court.

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The General Court manifestly erred by holding that under Article 13(1) of the Basic Regulation (1) the Council could not conclude that the Applicant before the General Court engaged in transhipment from the facts that (i) the Applicant before the General Court was not a genuine Sri Lankan producer and (ii) did not undertake assembly operations that went beyond the thresholds set out in Article 13(2) of the Basic Regulation.

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In the alternative: The annulment of Regulation 501/2013 (2) as far as it concerns the Applicant before the General Court is not justified even if the Council’s findings on transhipment were incorrect as the Court confirmed that the Applicant before the General Court engaged in assembly operations that did not go beyond the threshold set out in Article 13(2) of the Basic Regulation and also confirmed the existence of all other criteria required for not granting the Applicant before the General Court an exemption from the circumvention measures.