30.4.2018   

EN

Official Journal of the European Union

C 152/47

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annul Commission Implementing Regulation (EU) 2017/2232 of 4 December 2017 reimposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam and produced by certain exporting producers in the People’s Republic of China and Vietnam and implementing the judgment of the Court of Justice in Joined Cases C-659/13 and C-34/14 (OJ 2017 L 319, p. 30); and

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order the Commission to pay the costs.

1.

First plea in law, alleging that the Commission did not have the legal competence to adopt Commission Implementing Regulation (EU) 2017/2232 (1).

2.

Second plea in law, alleging that the reopening of the concluded footwear proceeding and the retroactive imposition of the expired anti-dumping duty by Commission Implementing Regulation (EU) 2017/2232:

3.

Third plea in law, alleging that the retroactive imposition of the anti-dumping duty on the Applicants’ suppliers preventing repayment to the Applicants violates the principle of non-discrimination.

4.

Fourth plea in law, alleging that the Commission misused its power in the assessment of the market economy and individual treatment claims of the Applicants’ suppliers to impose a retroactive anti-dumping duty and violated the principle of non-discrimination.

5.

Fifth plea in law, alleging that the assessment with regard to the companies listed in Annexes III and VI of Commission Implementing Regulation (EU) 2017/2232 by the Commission and ordering the rejection of the anti-dumping duty reimbursement requests concerning imports from those companies is based on a manifest error of assessment, misapplication of Article 266 TFEU and is in breach of the obligation of due diligence and proper administration.