Action brought on 25 November 2014 – SolarWorld v Commission

(Case T-783/14)

Language of the case: English

Parties

Applicant: SolarWorld AG (Bonn, Germany) (represented by: L. Ruessmann, lawyer, and J. Beck, Solicitor)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

declare the application admissible and well-founded;

annul the contested act; and

order the Commission to pay the applicant’s costs.

Pleas in law and main arguments

By its action the applicant seeks the annulment of the Commission’s decision to adjust the minimum import price for imports of crystalline silicon photovoltaic modules and key components originating in or consigned from the People’s Republic of China.

In support of the action, the applicant relies on one single plea in law alleging that the Commission violated Article 8(1) of Regulation No 1225/2009¹ and Article 13(1) of Council Regulation No 597/2009² by adjusting the minimum import price without assessing whether the adjusted minimum import price was adequate to eliminate the injurious effects of dumping and subsidisation.

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¹     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).

²     Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (OJ 2009 L 188, p. 93).