This document is an excerpt from the EUR-Lex website
Document 62022TO0081
Order of the General Court (Third Chamber) of 7 February 2023.
European Association of Non-Integrated Metal Importers & distributors (Euranimi) v European Commission.
Action for annulment – Dumping – Imports of stainless steel cold-rolled flat products originating in India and Indonesia – Definitive anti-dumping duty – Act not of individual concern – Regulatory act entailing implementing measures – Inadmissibility.
Case T-81/22.
Order of the General Court (Third Chamber) of 7 February 2023.
European Association of Non-Integrated Metal Importers & distributors (Euranimi) v European Commission.
Action for annulment – Dumping – Imports of stainless steel cold-rolled flat products originating in India and Indonesia – Definitive anti-dumping duty – Act not of individual concern – Regulatory act entailing implementing measures – Inadmissibility.
Case T-81/22.
ECLI identifier: ECLI:EU:T:2023:57
Order of the General Court (Third Chamber) of 7 February 2023 –
Euranimi v Commission
(Case T‑81/22)
(Action for annulment – Dumping – Imports of stainless steel cold-rolled flat products originating in India and Indonesia – Definitive anti-dumping duty – Act not of individual concern – Regulatory act entailing implementing measures – Inadmissibility)
1. |
Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Action by a trade association set up to protect and represent its members – Admissibility – Conditions (Art. 263, fourth para., TFEU) (see paragraphs 18-21, 108-112) |
2. |
Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Direct concern – Criteria – Regulation imposing anti-dumping duties – Whether an importer of the product concerned is directly affected (Art. 263, fourth para., TFEU) (see paragraph 22) |
3. |
Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Individual concern – Criteria – Regulation imposing anti-dumping duties – Action by a trade association set up to protect and represent importers of the product concerned – Not individually concerned (Art. 263, fourth para., TFEU) (see paragraphs 39-73) |
4. |
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 Regulation No 2016/1036, Art. 14(1); Commission Regulation 2021/2012)) (see paragraphs 74, 87-104) |
5. |
Action for annulment – Natural or legal persons – Measures of direct and individual concern to them – Direct concern – Criteria – Regulation imposing anti-dumping duties – Action by a trade association set up to protect and represent its members – Not directly concerned (Art. 263, fourth para., TFEU) (see paragraph 114) |
Operative part
1. |
The action is dismissed as inadmissible. |
2. |
There is no longer any need to adjudicate on the European Steel Association (Eurofer)’s application to intervene. |
3. |
European Association of Non-Integrated Metal Importers & distributors (Euranimi) shall pay the costs. |
4. |
Euranimi, the European Commission and Eurofer shall each bear their own costs relating to Eurofer’s application to intervene. |