15.9.2014
EN
Official Journal of the European Union
C 315/37
Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 11 June 2014 — Grünwald Logistik Service GmbH (GLS) v Hauptzollamt Hamburg-Stadt
(Case C-284/14)
2014/C 315/59
Language of the case: German
Referring court
Finanzgericht Hamburg
Parties to the main proceedings
Applicant: Grünwald Logistik Service GmbH (GLS)
Defendant: Hauptzollamt Hamburg-Stadt
Question referred
Is Council Implementing Regulation (EU) No 158/2013 of 18 February 2013 re-imposing a definitive anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China (1) valid, even though it was based not on an independent anti-dumping investigation carried out shortly before its adoption but on the continuation of an anti-dumping investigation which had at that time already been carried out in respect of the period from 1 October 2006 to 30 September 2007, the conduct of which, however, the Court of Justice of the European Union, in its judgment of 22 May 2012 in GLS C-338/10, (2) held to have infringed the requirements of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, (3) as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 amending Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community, (4) with the consequence that the Court, in that judgment, declared Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China, (5) adopted on the basis of that investigation, to be invalid?
(1) OJ 2013 L 49, p. 29.
(2) ECLI:EU:C:2012:158.
(3) OJ 1996 L 56, p. 1.
(4) OJ 2005 L 340, p. 17.
(5) OJ 2008 L 350, p. 35.
Full & Egal Universal Law Academy