Action brought on 1 August 2013 – SolarWorld and Solsonica v Commission

(Case T-393/13)

Language of the case: English

Parties

Applicants: SolarWorld AG (Bonn, Germany) and Solsonica SpA (Cittaducale, Italy) (represented by: L. Ruessmann, lawyer, and J. Beck, Solicitor)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

Declare the application admissible and well-founded ;

Annul Article 1(2) of Commission Regulation (EU) No 513/2013¹ to the extent it delays until 6 August 2013 the application of the full provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules, cells and wafers originating in or consigned from China;

Order the customs authorities of the Member States to apply the anti-dumping duty rates set out in Article 1(2)(ii) of Commission Regulation (EU) No 513/2013 as from 6 June 2013;

Order the Commission to pay to the applicants damages to the extent the antidumping duty rates set out in Article 1(2)(ii) of Commission Regulation (EU) No 513/2013 have not been applied as from 6 June 2013; and

Order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

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

First plea in law, alleging that the adoption of Article 1(2)(i) of Commission Regulation (EU) No 513/2013 infringes Article 7(2) of Council Regulation (EC) No 1225/2009² .

Second plea in law, alleging that the Commission committed a manifest error of assessment of the facts when introducing the phasing-in period of the provisional anti-dumping measures by virtue of Article 1(2)(i) of Commission Regulation (EU) No 513/2013.

Third plea in law, alleging that the Commission manifestly and seriously violated its duties of care and good administration by adopting Article 1(2)(i) of Commission Regulation (EU) No 513/2013.

Fourth plea in law, alleging that the Commission acted unlawfully by adopting Article 1(2)(i) of Commission Regulation (EU) No 513/2013 and thereby caused damage to the applicants for which the EU is liable under Article 340(2) of the TFEU

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¹ Commission Regulation (EU) No 513/2013 of 4 June 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 and amending Regulation (EU) No 182/2013 making these imports originating in or consigned from the People’s Republic of China subject to registration (OJ 2013 L 152, p. 5)

² Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51)