This document is an excerpt from the EUR-Lex website
Document 62020TO0722
Order of the General Court (Seventh Chamber) of 14 September 2021.
Far Polymers Srl and Others v European Commission.
Action for annulment – Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Lack of direct concern – Lack of individual concern – Legislative act involving implementing measures – Inadmissibility.
Case T-722/20.
Order of the General Court (Seventh Chamber) of 14 September 2021.
Far Polymers Srl and Others v European Commission.
Action for annulment – Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Lack of direct concern – Lack of individual concern – Legislative act involving implementing measures – Inadmissibility.
Case T-722/20.
ECLI identifier: ECLI:EU:T:2021:598
Order of the General Court (Seventh Chamber) of 14 September 2021 –
Far Polymers and Others v Commission
(Case T‑722/20)
(Action for annulment – Dumping – Imports of certain polyvinyl alcohols originating in China – Definitive anti-dumping duty – Lack of direct concern – Lack of individual concern – Legislative act involving implementing measures – Inadmissibility)
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Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Whether directly concerned – Criteria – Regulation imposing anti-dumping duties – Whether an importer of the product concerned directly affected (Art. 263, fourth para., TFEU; Commission Regulation 2020/1336) (see paras 22, 23) |
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Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Regulation imposing anti-dumping duties – Action brought by an independent importer – Admissibility – Conditions (Art. 263, fourth para., TFEU; Commission Regulation 2020/1336) (see paras 27, 29-34, 42) |
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Action for annulment – Natural or legal persons – Concept of ‘regulatory act’ within the meaning of the fourth paragraph of Article 263 TFEU – Any measure of general application other than legislative acts – Regulation imposing anti-dumping duties – Included – Act comprising implementing measures within the meaning of that treaty provision – Existence of internal remedies against those measures – Inadmissibility of action for annulment (Art. 263, fourth para., TFEU; European Parliament and Council Regulations No 952/2013, Arts 1(5), 44, 101(1), 102(1) and 104, and 2016/1036, Arts 9(4) and 14(1); Commission Regulation 2020/1336) (see paras 54-56, 58-61, 63, 64, 66, 68-71) |
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Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Conditions cumulative in nature – Inadmissibility of the action where just one of those conditions not met (Art. 263, fourth para., TFEU) (see para. 82) |
Re:
Application under Article 263 TFEU seeking annulment of Commission Implementing Regulation (EU) 2020/1336 of 25 September 2020 imposing definitive anti-dumping duties on imports of certain polyvinyl alcohols originating in the People’s Republic of China (OJ 2020 L 315, p. 1).
Operative part
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The action is dismissed as inadmissible. |
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There is no longer any need to adjudicate on the applications to intervene submitted by Kuraray Europe GmbH, Sekisui Specialty Chemicals Europe SL and Wegochem Europe BV. |
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Far Polymers Srl, Gamma Chimica SpA, Carbochem Srl and Jeniuschem Srl shall pay the costs, except for those relating to the applications to intervene. |
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Far Polymers, Gamma Chimica, Carbochem, Jeniuschem, the European Commission, Kuraray Europe, Sekisui Specialty Chemicals Europe and Wegochem Europe shall bear their own costs relating to the applications to intervene. |