Judgment — ECLI:EU:T:2015:672
Date: 2015-09-23
Language of the case: German
Court formation: Second Chamber
Subject matter: Dumping;External relations;Provisions governing the Institutions;Commercial policy
Procedure: Action for damages - unfounded
Origin: Germany

Judgment of the General Court of 23 September 2015 — Hüpeden v Council and Commission (Case T-206/14) 1 (Non-contractual liability — Dumping — Imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 declared invalid by the Court of Justice — Loss allegedly suffered by the applicant as a result of the adoption of the regulation — Action for damages — Exhaustion of remedies under domestic law — Admissibility — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 2(7)(a) of Regulation (EC) No 384/96 (now Article 2(7)(a) of Regulation (EC) No 1225/2009) — Duty of care — Causal link) Language of the case: German Parties Applicant: Hüpeden & Co. (GmbH & Co.) KG (Hamburg, Germany) (represented by K. Landry, lawyer) Defendants: Council of the European Union (represented by J.-P. Hix, acting as Agent, assisted initially by D. Geradin and N. Tuominen, and subsequently by N. Tuominen, lawyers); and European Commission (represented by T. Maxian Rusche and R. Sauer, acting as Agents) Re: Action for damages seeking compensation for the loss allegedly suffered as a result of the adoption of Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China (OJ 2008 L 350, p. 35), declared invalid by the judgment of 22 March 2012 in GLS (C-338/10, ECR, EU:C:2012:158). Operative part of the judgment The Court: Dismisses the action; Orders Hüpeden & Co. (GmbH & Co.) KG to pay the costs. ____________ 1 OJ C 212, 7.7.2014.