Order of the General Court (Second Chamber) of 25 January 2017
Order of the General Court (Second Chamber) of 25 January 2017
Data
- Court
- General Court
- Case date
- 25 januari 2017
Verdict
Order of the General Court (Second Chamber) of 25 January 2017 — Internacional de Productos Metálicos v Commission
(Case T‑217/16)
"(Action for annulment - Dumping - Imports of certain iron or steel fasteners originating in the People’s Republic of China or consigned from Malaysia - Regulation repealing definitive anti-dumping duties - Act not of individual concern - Regulatory act entailing implementing measures - Manifest inadmissibility)"
Actions for annulmentJurisdiction of the EU judicatureClaim seeking that directions be issued to an institutionClaim for a declaratory judgmentInadmissibility
(Art. 263 TFEU)
(see para. 20)
Judicial proceedingsAbsolute bar to proceedingTo be considered of the Court’s own motion
(Rules of Procedure of the General Court, Art. 113)
(see para. 24)
Actions for annulmentNatural or legal personsMeasures of direct and individual concern to themIndividual concernCriteriaRegulation repealing definitive anti-dumping dutiesAction by an importer of goods having been subject to the anti-dumping measures concernedNot individually concerned
(Art. 263, fourth para., TFEU)
(see paras 27-33)
Actions for annulmentNatural or legal personsMeaning of regulatory act in Article 263, fourth paragraph, TFEUAny act of general scope other than legislative actsRegulation imposing anti-dumping dutiesIncludedAct comprising implementing measures within the meaning of that treaty provisionExistence of internal remedies against those measuresInadmissibility of action for annulment
(Art. 263, fourth para., TFEU; Council Regulation No 2913/92)
(see paras 34-36)
Re:
APPLICATION based on Article 263 TFEU and seeking annulment of Article 2 of Commission Implementing Regulation (EU) 2016/278 of 26 February 2016 repealing the definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the People’s Republic of China, as extended to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ 2016 L 52, p. 24).
Operative part
-
The action is dismissed as manifestly inadmissible.
-
Internacional de Productos Metálicos, SA is ordered to pay the costs.