Order of the General Court (Fifth Chamber) of 21 January 2014 —
Bricmate v Council
(Case T‑596/11)
Action for annulment — Dumping — Imports of ceramic tiles originating in China — Definitive anti-dumping duty — No individual concern — Regulatory act entailing implementing measures — Inadmissibility
1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Regulation imposing anti-dumping duties — Exclusive importer not associated with the exporter and not being the main importer or final user of the product — Other criteria to be taken into consideration (Art. 263, fourth para., TFEU; Council Regulation No 384/96, as amended by Regulation No 1225/2009) (see paras 23-34, 39-48, 55, 58)
2. Actions for annulment — Natural or legal persons — Meaning of ‘regulatory act’ in Article 263, fourth paragraph, TFEU — Any act of general scope for legislative measures — Regulation imposing anti-dumping duties — Included — Act comprising implementing measures within the meaning of that treaty provision — Existence of internal remedies against those measures — Inadmissibility of the action for annulment (Art. 263, fourth para., TFEU; Council Regulation No 384/96, as amended by Regulation No 1225/2009) (see paras 64-75)
Re:
| APPLICATION for annulment of Council Implementing Regulation (EU) No 917/2011 of 12 September 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People’s Republic of China (OJ 2011 L 238, p. 1). |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | Bricmate AB is ordered to bear its own costs and pay those incurred by the Council of the European Union. |
3. | | The European Commission is ordered to bear its own costs. |
4. | | Cerame-Unie AISBL, Asociación Española de Fabricantes de Azulejos y Pavimentos Cerámicos (ASCER), Confindustria Ceramica, Casalgrande Padana SpA and Etruria Design Srl are ordered to bear their own costs. |