Case T-385/11: Judgment of the General Court of 16 January 2014 — BP Products North America v Council (Dumping — Subsidies — Imports of biodiesel originating in the United States — Circumvention — Article 13 of Regulation (EC) No 1225/2009 — Article 23 of Regulation (EC) No 597/2009 — Slightly modified like product — Legal certainty — Misuse of powers — Manifest errors of assessment — Obligation to state reasons — Equal treatment — Principle of sound administration)
Date: 2014-01-16
Institutions: General Court
Subjects: Canada, United States, abuse of power, anti-dumping duty, biofuel, economic support, equal treatment, import (EU), originating product, principle of legal certainty








C_2014052EN.01003301.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/33





Judgment of the General Court of 16 January 2014 — BP Products North America v Council
(Case T-385/11) (1)

(Dumping - Subsidies - Imports of biodiesel originating in the United States - Circumvention - Article 13 of Regulation (EC) No 1225/2009 - Article 23 of Regulation (EC) No 597/2009 - Slightly modified like product - Legal certainty - Misuse of powers - Manifest errors of assessment - Obligation to state reasons - Equal treatment - Principle of sound administration)
2014/C 52/59
Language of the case: English

Parties


Applicant: BP Products North America Inc. (Naperville, Illinois, United States) (represented initially by C. Farrar, Solicitor, H.-J. Prieß, B. Sachs and M. Schütte, lawyers, and subsequently by C. Farrar, H.-J. Prieß, M. Schütte and K. Arend, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by B. O’Connor, Solicitor, and S. Gubel, lawyer)

Interveners in support of the defendant: European Commission (represented by: M. França and A. Stobiecka-Kuik, acting as Agents), and by European Biodiesel Board (EBB) (represented by: O. Prost and M.-S. Dibling, lawyers)

Re:

Application for the partial annulment, first, of Council Implementing Regulation (EU) No 443/2011 of 5 May 2011 extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ 2011 L 122, p. 1) and, secondly, of Council Implementing Regulation (EU) No 444/2011 of 5 May 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore (OJ 2011 L 122, p. 12), in so far as those regulations affect the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders BP Products North America Inc. to bear its own costs and to pay those of the Council of the European Union and the European Biodiesel Board (EBB);










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 282, 24.9.2011.