# C_2021471EN.01005901.xml

| 22.11.2021 | EN | Official Journal of the European Union | C 471/59 |
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22.11.2021

EN

Official Journal of the European Union

C 471/59

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Action brought on 29 September 2021 — Ereğli Demir ve Çelik Fabrikaları and Others v Commission

(Case T-629/21)

(2021/C 471/84)

Language of the case: English

Parties

Applicants: Ereğli Demir ve Çelik Fabrikaları TAŞ (Istanbul, Turkey), İskenderun Demir ve Çelik AŞ (Payas, Turkey), Erdemir Çelik Servis Merkezi Sanayi ve Ticaret AŞ (Gebze, Turkey) (represented by: J. Cornelis and F. Graafsma, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

| — | annul Commission Implementing Regulation (EU) 2021/1100 of 5 July 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey (OJ 2021 L 238, p. 32); and |
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annul Commission Implementing Regulation (EU) 2021/1100 of 5 July 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey (OJ 2021 L 238, p. 32); and

| — | order the European Commission to pay the applicants’ costs. |
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order the European Commission to pay the applicants’ costs.

Pleas in law and main arguments

In support of the action, the applicants rely on four pleas in law.

| 1. | First plea in law, alleging a violation of Article 2(10)(j) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (1) by carrying out a currency conversion that is not required. The applicants further allege that the chapeau of Article 2(10) and Article 2(5) of Regulation (EU) 2016/1036 were also violated because the costs were not established on the basis of the records kept by the applicants. |
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1.

First plea in law, alleging a violation of Article 2(10)(j) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (1) by carrying out a currency conversion that is not required. The applicants further allege that the chapeau of Article 2(10) and Article 2(5) of Regulation (EU) 2016/1036 were also violated because the costs were not established on the basis of the records kept by the applicants.

| 2. | Second plea in law, alleging a violation of Article 2(10)(j) of Regulation (EU) 2016/1036 as well as Article 2.4 of WTO Anti-Dumping Agreement and the principle of sound administration by rejecting an adjustment for hedging gains and losses. |
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2.

Second plea in law, alleging a violation of Article 2(10)(j) of Regulation (EU) 2016/1036 as well as Article 2.4 of WTO Anti-Dumping Agreement and the principle of sound administration by rejecting an adjustment for hedging gains and losses.

| 3. | Third plea in law, alleging a violation of Articles 2(5), 2(6) and the chapeau of Article 2(10) of Regulation (EU) 2016/1036 by double counting certain selling, general and administrative expenses for Isdemir domestic sales through Erdemir. |
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3.

Third plea in law, alleging a violation of Articles 2(5), 2(6) and the chapeau of Article 2(10) of Regulation (EU) 2016/1036 by double counting certain selling, general and administrative expenses for Isdemir domestic sales through Erdemir.

| 4. | Fourth plea in law, alleging a violation of Article 2(6) of Regulation (EU) 2016/1036 and Article 2.2.2 of WTO Anti-Dumping Agreement by excluding foreign exchange gains and losses from the selling, general and administrative expenses. |
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4.

Fourth plea in law, alleging a violation of Article 2(6) of Regulation (EU) 2016/1036 and Article 2.2.2 of WTO Anti-Dumping Agreement by excluding foreign exchange gains and losses from the selling, general and administrative expenses.

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(1)  Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (JO 2016 L 176, p. 21).

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