CELEX: 62013TN0142
Language: en
Date: 2013-03-13 00:00:00
Title: Case T-142/13: Action brought on 13 March 2013 — Jinko Solar and Others v Parliament and Others

27.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 123/23
            
         Action brought on 13 March 2013 — Jinko Solar and Others v Parliament and Others
   (Case T-142/13)
   2013/C 123/39
   Language of the case: English
   
      Parties
   
   
      Applicants: Jinko Solar Co. Ltd (Shangrao, China); Zhejiang Jinko Solar Co. Ltd (Haining City, China); Jiangxi Jinko Photovoltaic Materials Co. Ltd (Shangrao); Jinko Solar Import and Export Co. Ltd (Shangrao, China); and Zhejiang Jinko Trading Co. Ltd (Haining City) (represented by: K. Adamantopoulos and J. Cornelis, lawyers)
   
      Defendants: European Parliament, European Commission, Council of the European Union
   
      Form of order sought
   
   The applicants claim that the Court should:
   
               —
            
            
               Annul Regulation (EU) No 1168/2012 of the European Parliament and of the Council of 12 December 2012 amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community (OJ 2012 L 344, p. 1), insofar as it was applied to the applicants,
            
         
               —
            
            
               Annul the Commission's Decision of 3 January 2013 by which it refused to consider the applicants' market economy treatment claims; and
            
         
               —
            
            
               Order the defendants to pay the applicants’ costs.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicants rely on one plea in law alleging that Regulation (EU) No 1168/2012, as applied by the Commission to the applicants in the 3 January 2013 Decision, and the 3 January 2013 Decision stating that the Commission would not consider the applicants' market economy treatment claims, frustrate the legitimate expectations of the applicants and are applied retroactively to the detriment of the applicants without valid justifications. As a result, Regulation (EU) No 1168/2012, as applied by the Commission to the applicants by the 3 January 2013 Decision, and the 3 January 2013 Decision, manifestly violate the basic principles of legal certainty and good faith.