Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 15 January 2013 — Simon, Evers & Co GmbH v Hauptzollamt Hamburg-Hafen

(Case C-21/13)

2013/C 114/37

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicants: Simon, Evers & Co GmbH

Defendant: Hauptzollamt Hamburg-Hafen

Question referred

Is Council Regulation (EC) No 499/2009 of 11 June 2009 extending the definitive anti-dumping duty imposed by Council Regulation (EC) No 1174/2005 on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China to imports of the same product consigned from Thailand, whether declared as originating in Thailand or not, (1) invalid because the Commission, by misjudging the requirements arising from Article 13 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community concerning the finding of a circumvention of anti-dumping duty measures, (2) presumed that there was a circumvention merely because the volume of exports in question from Thailand increased significantly after the imposition of the measures, although the Commission, with reference to the lack of cooperation from Thai exporters, made no further specific findings?

(1)  OJ 2009 L 151, p. 1.

(2)  OJ 1996 L 56, p. 1.