Case T-88/12: Action brought on 20 February 2012 — Charron Inox and Almet v Council
Date: 2012-02-20
Institutions: General Court
Subjects: China, anti-dumping duty, contractual liability, import (EU), metallurgical industry, steel, tube








C_2012109EN.01003202.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/32





Action brought on 20 February 2012 — Charron Inox and Almet v Council
(Case T-88/12)
2012/C 109/65
Language of the case: French

Parties


Applicants: Charron Inox (Marseille, France) and Almet (Satolas-et-Bonce, France) (represented by: P.-O. Koubi-Flotte, lawyer)

Defendant: Council of the European Union

Form of order sought







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principally, annul Council Regulation (EU) No 1331/2011 of 14 December 2011 as being based on inadequate economic findings;










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in the alternative, annul Article 2 of Council Regulation (EU) No 1331/2011 of 14 December 2011 which collects definitively the provisional anti-dumping duty already collected, in so far as that collection is inconsistent with the principle of legitimate expectations;










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in the further alternative, acknowledge the European Union’s non-contractual liability that validates the direct application of a collection which, in view of the subject-matter, ought to have been announced to the economic operators concerned within reasonable periods of time sufficient to enable them to anticipate their economic options with sufficient legal certainty;










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in each case, order the repayment to and/or indemnification of the applicant companies in the following amounts:






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damage caused to the company CHARRON INOX as a result of payment of the anti-dumping duties at issue: EUR 89 402,15;










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damage suffered by the company ALMET — LE METAL CENTRE as a result of payment of the anti-dumping duties at issue: EUR 375 493;










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damage suffered jointly by the companies CHARRON INOX and ALMET — LE METAL CENTRE as a result of payment of the anti-dumping duties at issue: EUR 58 594, that sum to be divided between them by CHARRON INOX and ALMET — LE METAL CENTRE themselves;










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damage to the company CHARRON INOX as a result of its being required to obtain supplies from Indian suppliers on less favourable terms: EUR 57 883,18;










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damage to the company ALMET — LE METAL CENTRE as a result of its being required to obtain supplies from Indian suppliers on less favourable terms: EUR 66 578,14.









Pleas in law and main arguments

The pleas in law and main arguments on which the applicants rely in support of their action against the regulation imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China (1) are essentially identical or similar to those relied on in Case T-445/11 Charron Inox and Almet v Commission, (2) concerning the regulation imposing a provisional anti-dumping duty on those imports. (3)



(1)  Council Implementing Regulation (EU) No 1331/2011 of 14 December 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China (OJ 2011 L 336, p. 6).

(2)  OJ 2011 C 290, p. 18.

(3)  Commission Regulation (EU) No 627/2011 of 27 June 2011 imposing a provisional anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China (OJ 2011 L 169, p. 1).