Action brought on 13 March 2013 - Ningbo Qixin Solar Electrical Appliance v Commission

(Case T-145/13)

Language of the case: French

Parties

Applicant: Ningbo Qixin Solar Electrical Appliance Co. Ltd (Zhejiang, China) (represented by: V. Akritidis and Y. Melin, lawyers)

Defendant: European Commission

Form of order sought

Annul, pursuant to Article 263 of the Treaty on the Functioning of the European Union, the decision of the European Commission communicated by letter of 3 January 2013, No H4/JN/Ref.t13.000011, informing the applicant that it would not examine the applicant's request to be granted the status of undertaking operating under market economy conditions, filed pursuant to Article 2(7)(b) of Council Regulation (EC) No 1225/2009, in the antidumping proceeding concerning imports of crystalline silicon photovoltaic modules and key components originating in the People's Republic of China, opened on 6 September 2012 (AD 590);

Declare inapplicable to the applicant as regards the present application, by virtue of Article 277 of the Treaty on the Functioning of the European Union, 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);

And, consequently, order the Commission and any interveners to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law identical to that raised in Case T-143/13 Zhejiang Heda Solar Technology v Commission.

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