# C_2019139EN.01000801.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/8 |
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15.4.2019

EN

Official Journal of the European Union

C 139/8

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Judgment of the Court (Third Chamber) of 28 February 2019 — Council of the European Union v Growth Energy, Renewable Fuels Association, European Commission, ePURE, de Europese Producenten Unie van Hernieuwbare Ethanol

(Case C-465/16 P) (1)

(Appeal - Dumping - Implementing Regulation (EU) No 157/2013 - Imports of bioethanol originating in the United States of America - Definitive anti-dumping duty - Country-wide dumping margin - Actions for annulment - Associations representing non-exporting producers and traders/blenders - Locus standi - Direct concern - Individual concern)

(2019/C 139/05)

Language of the case: English

Parties

Appellant: Council of the European Union (represented by: S. Boelaert, Agent, and N. Tuominen, avocată)

Other parties to the proceedings: Growth Energy, Renewable Fuels Association (represented by: P. Vander Schueren, advocaat, and N. Mizulin and M. Peristeraki, avocats), European Commission (represented by: T. Maxian Rusche and M. França, Agents), ePURE, de Europese Producenten Unie van Hernieuwbare Ethanol (represented by: O. Prost and A. Massot, avocats)

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union of 9 June 2016, Growth Energy and Renewable Fuels Association v Council (T-276/13, EU:T:2016:340), except inasmuch as it dismissed the action brought by Growth Energy and Renewable Fuels Association in their own right as interested parties in the proceedings; |
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1.

Sets aside the judgment of the General Court of the European Union of 9 June 2016, Growth Energy and Renewable Fuels Association v Council (T-276/13, EU:T:2016:340), except inasmuch as it dismissed the action brought by Growth Energy and Renewable Fuels Association in their own right as interested parties in the proceedings;

| 2. | Dismisses the action for annulment of Growth Energy and Renewable Fuels Association as inadmissible in so far as they brought that action in their capacity as representatives of the interests of the sampled US bioethanol producers; |
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2.

Dismisses the action for annulment of Growth Energy and Renewable Fuels Association as inadmissible in so far as they brought that action in their capacity as representatives of the interests of the sampled US bioethanol producers;

| 3. | Refers the case back to the General Court of the European Union for it to rule on the action for annulment of Growth Energy and Renewable Fuels Association in so far as they brought that action in their capacity as representatives of the interests of the traders/blenders Murex and CHS; |
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3.

Refers the case back to the General Court of the European Union for it to rule on the action for annulment of Growth Energy and Renewable Fuels Association in so far as they brought that action in their capacity as representatives of the interests of the traders/blenders Murex and CHS;

| 4. | Reserves the costs. |
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4.

Reserves the costs.

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(1)  OJ C 402, 31.10.2016.

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