Case T-790/16: Action brought on 11 November 2016 — C & J Clark International v Commission
Date: 2016-11-11
Institutions: General Court
Subjects: China, anti-dumping duty, footwear industry, import (EU), originating product, principle of legal certainty








C_2017014EN.01005101.xml










16.1.2017   


EN


Official Journal of the European Union


C 14/51






Action brought on 11 November 2016 — C & J Clark International v Commission
(Case T-790/16)
(2017/C 014/61)
Language of the case: English

Parties


Applicant: C & J Clark International Ltd (Somerset, United Kingdom) (represented by: A. Willems and S. De Knop, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Declare the application admissible;










—


Annul Commission Implementing Regulation (EU) 2016/1395 of 18 August 2016 reimposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and produced by Buckinghan Shoe Mfg Co. Ltd, Buildyet Shoes Mfg., DongGuan Elegant Top Shoes Co. Ltd, Dongguan Stella Footwear Co. Ltd, Dongguan Taiway Sports Goods Limited, Foshan City Nanhai Qun Rui Footwear Co., Jianle Footwear Industrial, Sihui Kingo Rubber Shoes Factory, Synfort Shoes Co. Ltd, Taicang Kotoni Shoes Co. Ltd, Wei Hao Shoe Co. Ltd, Wei Hua Shoe Co. Ltd, Win Profile Industries Ltd, and implementing the judgment of the Court of Justice in joined cases C-659/13 and C-34/14 (OJ L 225, p. 52);










—


Order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that by proceeding without a valid legal basis, the Commission violated the principle of conferral under Articles 5(1) and 5(2) TFUE.










2.


Second plea in law, alleging that by failing to take the necessary measures to comply with the judgment of the Court of Justice of 4 February 2016, C & J Clark International, C-659/13 and C-34/14, EU:C:2016:74, the Commission violated Article 266 TFUE.










3.


Third plea in law, alleging that by imposing an anti-dumping duty on imports of Footwear ‘which took place during the period of application of the [Invalidated Regulations]’, the Commission violated Articles 1(1) and 10(1) of the Basic Regulation (1) and the principle of legal certainty (non-retroactivity);










4.


Fourth plea in law, alleging that by imposing an anti-dumping duty without conducting a fresh Union interest assessment, the Commission violated Article 21 of the Basic Regulation, in any event, it would have been manifestly erroneous to conclude that the imposition of the anti-dumping duty was in the Union interest;










5.


Fifth plea in law, alleging that by adopting an act that exceeds what is necessary to achieve its objective, the Commission violated Articles 5(1) and 5(4) TEU.






(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, OJ L 176, p. 21.