Action brought on 8 July 2010 - DBV v Commission
(Case T-297/10)
Language of the case: German
Parties
Applicant: DBV Deutscher Brennstoffvertrieb Würzburg GmbH (Würzburg, Germany) (represented by: C. Rudolph and A. Günther, lawyers)
Defendant: European Commission
Form of order sought
declare void Commission Regulation (EU) No 404/2010 of 10 May 2010 imposing a provisional anti-dumping duty on imports of certain aluminium wheels originating in the People's Republic of China;
order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
The applicant is challenging Regulation (EU) No 404/2010,
1 by which the Commission imposed a provisional anti-dumping duty on imports of certain aluminium wheels originating in the People's Republic of China.
As a basis for its action, the applicant first submits that there has been a breach of essential procedural requirements and of the rights of the defence in that, in the course of the procedure prior to adoption of the contested regulation, the applicant was not informed or given a hearing, with the result that it had no opportunity to defend its interests and set out its views.
Second, the applicant contends that there was a defective determination of the facts and an abuse of discretionary power. It submits in this regard that the background to the case was misrepresented and incorrectly investigated. The applicant argues that no account was taken of, for instance, the higher exchange rate of the dollar in the interim or of the increased prices of crude oil. The applicant further submits, in connection with its allegation of abuse of discretionary power, that the Commission failed to have regard for the principle of proportionality. An abuse of discretionary power and breach of Regulation (EC) No 1225/2009
2 also lie, in the applicant's view, inter alia in the fact that no suitable information was collected in the course of the investigations to establish differentiated duties.