Action brought on 7 August 2014 – Xinyi PV Products (Anhui) Holdings v Commission

(Case T-586/14)

Language of the case: English

Parties

Applicant: Xinyi PV Products (Anhui) Holdings Ltd (Anhui, People’s Republic of China) (represented by: Y. Melin and V. Akritidis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

Annul Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014¹ imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China, as far as it applies to Xinyi PV Products (Anhui) Holdings Ltd ; and

Order the Commission, and any intervener who may be allowed to support the Commission in the course of the proceedings, to bear the costs of these proceedings.

Pleas in law and main arguments

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

First plea in law, alleging that the Commission committed a manifest error of assessment of the facts and the law in considering that the applicant’s production costs and financial situation are subject to significant distortions carried over from the former non-market economy system, in breach of Article 2(7)(c) of the basic Regulation, third indent.

Second plea in law, alleging that the Commission made a manifest error of assessment and failed to adduce consistent evidence in deducting from the applicant’s export price a sales agent commission equivalent to the mark-up charged to the applicant by a related company in Hong Kong, without adducing adequate evidence that this related company was indeed operating as a commission-based agent, in breach of Article 2(10)(i) of the basic Regulation.

Third plea in law, alleging that the Commission did not calculate the applicant’s export price on the basis of the price actually paid or payable for the product when sold to the EU, nor is it based on the price at which the exported product is first resold to an independent buyer in the EU, in breach of Article 2(8) and (9) of the basic Regulation.

The fourth plea in law, alleging that the Commission failed to disclose the essential facts and evidences making it possible to understand how it calculated the applicant’s dumping and injury margins, in breach of Article 20 of the basic Regulation and of Article 41 of the Charter of Fundamental Rights of the EU.

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¹ Commission Implementing Regulation (EU) No 470/2014 of 13 May 2014 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of solar glass originating in the People’s Republic of China (OJ L 142, p.1)