Order of the General Court of 11 January 2013 - Charron Inox and Almet v Council and Commission
(Joined Cases T-445/11 and T-88/12)
(Action for annulment - Action for damages - Dumping -Imports of certain seamless pipes and tubes of stainless steel originating in China - Provisional antidumping duty - No need to adjudicate - Definitive antidumping duty - Action in part manifestly inadmissible and in part manifestly devoid of any basis in law)
Language of the case: French
Parties
Applicants: Charron Inox (Marseille, France), and Almet (Satolas-et Bonce, France) (represented by: P.-O. Koubi-Flotte, lawyer)
Defendants: Council of the Eurpoean Union (represented by: J.-P. Hix, acting as Agent, and G. Berrisch and A. Polcyn, lawyers (Case T-88/12) and European Commission (represented by: B. Stromsky and S. Thomas, acting as Agents) (Case T-445/11)
Intervener in support of the form of order sought by the defendant: European Commission (represented by: B. Stromsky and S. Thomas, acting as Agents) (Case T-88/12)
Re:
In Case T-445/11, principally, annulment of Commission Regulation (EU) No 627/2011 of 27 June 2011 imposing a provisional anti-dumping duty on imports of certain seamless pipes and tubes of stainless steel originating in the People's Republic of China (OJ 2011 L 169, p. 1) and, in the alternative, an application for damages for the damage allegedly suffered by the applicant following the immediate entry into force of the contested regulation and, in Case T-88/12, principally, annulment of Council Implementing Regulation (EU) No 1331/2011 of 14 December 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain seamless pipes and tubes of stainless steel originating in the People's Republic of China (OJ 2011 L 336, p. 6) and, in the alternative, a claim for compensation for damage allegedly suffered by the applicants in consequence of the definitive collection of the provisional duty ordered in that regulation.
Operative part of the order
1. Cases T-445/11 and T-88/12 are joined for the purposes of the order
2. The objections as to admissibility raised in Cases T-445/11 and T-88/12 are joined to the main actions.
3. There is no further need to adjudicate in Case T-445/11.
4. The action in Case T-88/12 is dismissed as, in part, manifestly inadmissible and, in part manifestly devoid of any basis in law.
5. Charron Inox and Almet shall pay all the costs of Case T-445/11.
6. Charron Inox and Almet shall pay the costs incurred by the Council of the European Union in Case T-88/12 and shall bear their own costs thereof.
7. The European Commission shall bear its own costs in Case T-88/12.
____________1 - OJ C 290, 1.10.2011.