March 01
2021
Anjum Shabbir
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15th January 2020
Justice & Litigation Tax

Russian company seeks annulment of part of anti-dumping/anti-subsidy Regulation

Novolipetsk Steel PAO, a Russian steel company, has commenced legal action against the European Commission, seeking the annulment of Article 1 of Commission Implementing Regulation 2019/1382 on amending certain Regulations imposing anti-dumping or anti-subsidy measures on certain steel products subject to safeguard measures, to the extent that it applies to the applicant.

That article reads:

“Where the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159 becomes applicable to product categories set out in Annex 1 to Regulation (EU) 2019/159 and exceeds the equivalent ad valorem level of the anti-dumping/anti-subsidy duties listed in Annex 2, only the above-quota tariff duty referred to in Article 1(6) of Regulation (EU) 2019/159 shall be collected.”

Novolipetsk relies on two grounds:

“1. First plea in law, alleging that the defendant lacked competence and acted in breach of Article 1(1) of Regulation (EU) 2015/477 (‘Combined Effect Regulation’) (2) and Article 9(5) of Regulation (EU) 2016/1036 (‘Basic AD Regulation’) (3), by imposing varying levels of anti-dumping duties, depending on whether or not quotas under the safeguard measures are exhausted.

2. Second plea in law, alleging that the Defendant committed a manifest error of assessment and acted in breach of Article 1(1) of the Combined Effect Regulation and Article 9(5) of the Basic AD Regulation by only amending the anti-dumping measures once the quotas under the safeguard measures are exhausted.”

The case number is T-790/19 and the action was filed on 13 November 2019.

It was published in the Official Journal on 13 January 2020.

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