Action brought on 13 June 2016 – Jindal Saw et Jindal Saw Italia v Commission

(Case T-301/16)

Language of the case: English

Parties

Applicants: Jindal Saw Ltd (New Delhi, India) and Jindal Saw Italia SpA (Trieste, Italy) (represented by: R. Antonini and E. Monard, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

annul Commission Implementing Regulation (EU) 2016/388 of 17 March 2016 imposing a definitive anti-dumping duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron) originating in India, in so far as it relates to the Applicants; and

order the Commission to bear the costs of the proceedings.

Pleas in law and main arguments

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

First plea in law, alleging that by means of the determination of the export prices, the Commission infringed Articles 2(8), 2(9), 3(2), 3(3), 3(6) and 9(4) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community.

Second plea in law, alleging that by means of its price effects, injury and causation determinations, the Commission infringed Articles 3(2), 3(3), 3(5), 3(6), 3(7), 3(8), 4(1), 5(4) and 9(4) of Council Regulation (EC) No 1225/2009.

Third plea in law, alleging that the failure to disclose essential facts and considerations and to grant sufficient time to submit comments infringed Articles 20(4) and 20(5) of Council Regulation No 1225/2009.

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