Case T-174/25: Action brought on 10 March 2025 – Sterlite Technologies and Others v Commission
Date: 2025-03-10
Institutions: General Court
Subjects: India, anti-dumping duty, export price, import (EU), originating product, telecommunications equipment








C_202502233EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2233


22.4.2025






Action brought on 10 March 2025 – Sterlite Technologies and Others v Commission


(Case T-174/25)

(C/2025/2233)
Language of the case: English

Parties


Applicants: Sterlite Technologies Ltd (Mumbai, India), Sterlite Tech Cables Solutions Ltd (Aurangabad, India), STE Sterlite Technologies Ltd France (Paris, France), Metallurgica Bresciana SpA (Dello, Italy) (represented by: F. Graafsma and J. Cornelis, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


annul Commission Implementing Regulation (EU) 2024/3014 of 13 December 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of optical fibre cables originating in India; (1) and










—


order the European Commission to pay the applicants’ costs.





Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.






1.


First plea in law, alleging a violation of Article 2(5) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 (2) (‘basic Regulation’) and Article 2.2.1.1 of the WTO Anti-Dumping Agreement, a manifest error of assessment, an infringement of the applicants’ rights of defence, and a failure to state reasons, by failing to calculate the dumping margin based on records which reasonably reflect the actual costs associated with the production of optical fibre cables (‘OFC’), and by rejecting the applicants’ notional profits elimination.










2.


Second plea in law, alleging a violation of Articles 2(5) and 2(6) of the basic Regulation by rejecting income for royalties and headquarters fees received by Sterlite Technologies Limited. More specifically, the applicants submit that: (i) the income for royalties and headquarters fees received by Sterlite Technologies Limited are not incomes from equity investments but payments directly linked to expenses incurred by the applicants when producing OFC; and (ii) these expenses relate to the investigation period.










3.


Third plea in law, alleging a violation of Article 2(9) of the basic Regulation, a manifest error of assessment and failure to state reasons when constructing the export price of Sterlite Technologies Limited France by using a profit margin that was neither ‘accrued’ nor ‘reasonable’.






(1)  Commission Implementing Regulation (EU) 2024/3014 of 13 December 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of optical fibre cables originating in India (OJ L, 2024/3014).

(2)  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 2016 L 176, p. 21).


ELI: http://data.europa.eu/eli/C/2025/2233/oj
ISSN 1977-091X (electronic edition)