Judgment of the General Court of 9 June 2016 — Growth Energy and Renewable Fuels Association v Council
(Case T-276/13) 1
(Dumping — Imports of bioethanol originating in the United States — Definitive anti-dumping duty — Action for annulment — Association — Members not directly concerned — Inadmissibility — Countrywide anti-dumping duty — Individual treatment — Sampling — Rights of the defence — Non-discrimination — Duty of diligence)
Language of the case: English
Parties
Applicants: Growth Energy (Washington, DC, United States), and Renewable Fuels Association (Washington) (represented initially by P. Vander Schueren, and subsequently by P. Vander Schueren and M. Peristeraki, lawyers)
Defendant: Council of the European Union (represented by: S. Boelaert, acting as Agent, and by B. Byrne, Solicitor, and G. Berrisch, lawyer, and subsequently by R. Bierwagen and C. Hipp, lawyers)
Interveners in support of the defendant: European Commission (represented by: M. França and T. Maxian Rusche, acting as Agents); and ePURE, de Europese Producenten Unie van Hernieuwbare Ethanol (represented by: O. Prost and A. Massot, lawyers)
Re:
Application for partial annulment of Council Implementing Regulation (EU) No 157/2013 of 18 February 2013 imposing a definitive anti-dumping duty on imports of bioethanol originating in the United States of America (OJ 2013 L 49, p. 10), in so far as it affects the applicants and their members.
Operative part of the judgment
The Court:
Annuls Council Implementing Regulation (EU) No 157/2013 of 18 February 2013 imposing a definitive anti-dumping duty on imports of bioethanol originating in the United States of America in so far as it concerns Patriot Renewable Fuels LLC, Plymouth Energy Company LLC, POET LLC and Platinum Ethanol LLC;
Dismisses the action as to the remainder;
Orders Growth Energy and Renewable Fuels Association, the Council of the European Union, the European Commission and ePure, de Europese Producenten Unie van Hernieuwbare Ethanol to bear their own costs.
____________1 OJ C 226, 3.8.2013.