Action brought on 24 December 2012 - Ningbo Jinding Fastener v Council

(Case T-559/12)

Language of the case: English

Parties

Applicant: Ningbo Jinding Fastener Co. Ltd (Ningbo, China) (represented by: R. Antonini and E. Monard, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

Annul Council Implementing Regulation (EU) No 924/2012 of 4 October 2012 amending Regulation (EC) No 91/2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China, insofar as it relates to the applicant; and

Order the Council to bear the costs of these proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

First plea in law, alleging that the exclusion from the dumping calculation of certain export transactions of the applicant violates Articles 2(11), 2(8), 2(9), 2(7)(a) and 9(5) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community, the principle of non-discrimination and Article 2.4.2 of the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.

Second plea in law, alleging that the rejection of certain adjustments requested by the Applicant violates Article 2(10) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community and Article 2.4 of the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. In the alternative, the applicant considers that the Council violated Article 296 of the Treaty on the Functioning of the European Union.

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