CELEX: 62015CN0142
Language: en
Date: 2015-03-24 00:00:00
Title: Case C-142/15 P: Appeal brought on 24 March 2015 by SolarWorld AG against the order of the General Court (Fifth Chamber) delivered on 14 January 2015 in Case T-507/13: SolarWorld AG and others v European Commission

8.6.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 190/5
            
         Appeal brought on 24 March 2015 by SolarWorld AG against the order of the General Court (Fifth Chamber) delivered on 14 January 2015 in Case T-507/13: SolarWorld AG and others v European Commission
   (Case C-142/15 P)
   (2015/C 190/05)
   Language of the case: English
   
      Parties
   
   
      Appellant: SolarWorld AG (represented by: L. Ruessmann, avocat, J. Beck, Solicitor)
   
      Other parties to the proceedings: European Commission,
   Brandoni solare SpA,
   Global Sun Ltd,
   Silicio Solar, SAU,
   Solaria Energia y Medio Ambiente, SA
   
      Form of order sought
   
   The Appellant claims that the Court should:
   
               —
            
            
               Declare the Appeal admissible and well-founded;
            
         
               —
            
            
               Set aside the General Court’s Order in Case T-507/13;
            
         
               —
            
            
               Declare the Application for annulment in Case T-507/13 admissible; and
            
         
               —
            
            
               Refer the case back to the General Court for a decision on the substance of the Application for annulment.
            
         
      Pleas in law and main arguments
   
   In support of the appeal, the Appellant put forward the following arguments:
   The General Court erred by finding that the Appellant is not directly concerned by Commission Decision 2013/423/EU (1) because that Decision would not directly affect the legal situation of the Appellant and was subject to implementing measures.
   
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               The General Court erred by finding that the Appellant is not directly affected by Commission Decision 2013/423/EU because it was implemented by Regulation 748/2013 (2). Regulation 748/2013 is a confirmatory act in relation to Decision 2013/423/EU. The Appellant had therefore standing to appeal Decision 2013/423/EU directly.
            
         
               —
            
            
               The General Court’s finding that the Decision 2013/423/EU entails implementing measures was erroneous as the General Court did not analyse whether the Commission had any discretion when adopting Regulation 748/2013 or whether the implementation of Decision 2013/423/EU was merely automatic with regard to the Appellant, which in fact was the case.
            
         
      (1)  Commission Decision of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, OJ L 209, p. 26.
   
      (2)  Commission Regulation of 2 August 2013 amending Regulation (EU) No 513/2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China, OJ L 209, p. 1.