Action brought on 2 April 2024 – Özkan Demir Çelik Sanayi v Commission
(Case T-175/24)
Language of the case: English
Parties
Applicant: Özkan Demir Çelik Sanayi AŞ (İzmir, Türkiye) (represented by: J. Cornelis and M. Van Luchene, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
annul Commission Implementing Regulation (EU) 2024/209 of 10 January 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of steel bulb flats originating in the People’s Republic of China and Türkiye (C/2024/13); and
order the European Commission to pay the applicant’s costs.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
First plea in law, alleging a violation of Article 2(10), 2(10)(j) and 2(11) of Regulation (EU) 2016/1036 of the European Parliament and of the Council 1 (“basic Regulation”), and a manifest error of assessment by using the order date instead of the invoice date as the date of sale for the currency conversion adjustment.
Second plea in law, alleging a manifest error of assessment in refusing to carry out a quarterly dumping margin calculation and consequent violation of Article 2(4) and the chapeau of Article 2(10) of basic Regulation.
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1 Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (JO 2016 L 176, p. 21).