6.5.2019
EN
Official Journal of the European Union
C 155/38
Judgment of the General Court of 20 March 2019 — Foshan Lihua Ceramic v Commission
(Case T-310/16) (1)
(Dumping - Imports of ceramic tiles originating in China - Article 11(4) and (5) and Article 17 of Regulation (EC) No 1225/2009 (now Article 11(4) and (5) and Article 17 of Regulation (EU) 2016/1036) - Refusal to grant new exporting producer treatment in accordance with Article 3 of Implementing Regulation (EU) No 917/2011 - Sampling - Individual examination - Confidentiality)
(2019/C 155/45)
Language of the case: English
Parties
Applicant: Foshan Lihua Ceramic Co. Ltd (Foshan, China) (represented by: B. Spinoit, D. Philippe and A. Wese, lawyers)
Defendant: European Commission (represented initially by: A. Demeneix, M. França and T. Maxian Rusche, and subsequently by A. Demeneix, T. Maxian Rusche and N. Kuplewatzky, acting as Agents)
Intervener in support of the defendant: Cerame-Unie AISBL (Brussels, Belgium) (represented by: V. Akritidis, lawyer)
Re:
Application pursuant to Article 263 TFEU, for the annulment of the Commission’s Implementing Decision C(2016) 2136 final of 15 April 2016 rejecting a request for a new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tiles originating in the People’s Republic of China by Implementing Regulation (EU) No 917/2011.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Foshan Lihua Ceramic Co. Ltd to bear its own costs and to pay those incurred by the European Commission;
3.
Orders Cerame-Unie AISBL to bear its own costs.
(1) OJ C 305, 22.8.2016.
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