| 14.2.2022 | EN | Official Journal of the European Union | C 73/54 |
Action brought on 18 December 2021 — EAA v Commission
(Case T-781/21)
(2022/C 73/68)
Language of the case: English
Parties
Applicant: European Aluminium Association (EAA) (Brussels, Belgium) (represented by: B. O’Connor and M. Hommé, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
| — | annul Article 3 of Commission Implementing Regulation (EU) 2021/1784, by which the Commission does not order the collection of provisional duties; |
| — | order the Commission to pay the applicant’s costs incurred by this application. |
Pleas in law and main arguments
In support of the action for annulment of Article 3 of Commission Implementing Regulation (EU) 2021/1784 (1), the applicant relies on three pleas in law.
| 1. | First plea in law, alleging that the Commission has acted in breach of Regulation 2016/1036 of the European Parliament and of the Council (2), and in particular Article 10(2) thereof, the object and purpose of Regulation 2016/1036 of the European Parliament and of the Council and the established Commission practice to order the collection of provisional duties. |
| 2. | Second plea in law, alleging that the Commission has not complied with the obligation under Article 296 TFEU to state reasons. |
| 3. | Third plea in law, alleging that the Commission did not comply with the principles of due process and good administration. |
(1) Commission Implementing Regulation (EU) 2021/1784, of 8 October 2021, imposing a definitive anti-dumping duty on imports of aluminium flat-rolled products originating in the People’s Republic of China (OJ 2021 L 359, p. 6).
(2) 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 (OJ 2016 L 176, p. 21).