# C_2021471EN.01006001.xml

| 22.11.2021 | EN | Official Journal of the European Union | C 471/60 |
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22.11.2021

EN

Official Journal of the European Union

C 471/60

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Action brought on 29 September 2021 — Çolakoğlu Metalurji and Çolakoğlu Dış Ticaret v Commission

(Case T-630/21)

(2021/C 471/85)

Language of the case: English

Parties

Applicants: Çolakoğlu Metalurji AŞ (Istanbul, Turkey), Çolakoğlu Dış Ticaret AŞ (Istanbul) (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)(i) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (1) by making an adjustment for a (notional) commission to the export price and, more specifically,






  — | A violation of Article 2(10)(i)) of Regulation (EU) 2016/1036 to the extent the adjustment made for commissions exceeds the actual commission paid to Çolakoğlu Dış Ticaret AŞ; |
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1.

First plea in law, alleging a violation of Article 2(10)(i) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (1) by making an adjustment for a (notional) commission to the export price and, more specifically,

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A violation of Article 2(10)(i)) of Regulation (EU) 2016/1036 to the extent the adjustment made for commissions exceeds the actual commission paid to Çolakoğlu Dış Ticaret AŞ;

| — | A violation of Article 2(10)(i) of Regulation (EU) 2016/1036 as Çolakoğlu Dış Ticaret AŞ does not receive a mark-up; and |
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A violation of Article 2(10)(i) of Regulation (EU) 2016/1036 as Çolakoğlu Dış Ticaret AŞ does not receive a mark-up; and

| — | A manifest error of assessment in treating Çolakoğlu Dış Ticaret AŞ as an agent working on a commission basis and consequent violation of Article 2(10)(i) of Regulation (EU) 2016/1036. |
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A manifest error of assessment in treating Çolakoğlu Dış Ticaret AŞ as an agent working on a commission basis and consequent violation of Article 2(10)(i) of Regulation (EU) 2016/1036.

| 2. | Second plea in law, alleging a violation of Article 2(10)(b) of Regulation (EU) 2016/1036 by requiring payment of import duties for accepting a duty drawback adjustment. |
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2.

Second plea in law, alleging a violation of Article 2(10)(b) of Regulation (EU) 2016/1036 by requiring payment of import duties for accepting a duty drawback adjustment.

| 3. | Third plea in law, alleging a manifest error of assessment in refusing to carry out a quarterly dumping margin calculation and consequent violation of the chapeau of Article 2(10) of Regulation (EU) 2016/1036. |
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3.

Third plea in law, alleging a manifest error of assessment in refusing to carry out a quarterly dumping margin calculation and consequent violation of the chapeau of Article 2(10) of Regulation (EU) 2016/1036.

| 4. | Fourth plea in law, alleging a violation of Article 2(10)(j) of Regulation (EU) 2016/1036 by refusing to adjust for hedging gains and losses. |
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4.

Fourth plea in law, alleging a violation of Article 2(10)(j) of Regulation (EU) 2016/1036 by refusing to adjust for hedging gains and losses.

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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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