This document is an excerpt from the EUR-Lex website
Document 62016CA0301
Case C-301/16 P: Judgment of the Court (Second Chamber) of 28 February 2018 — European Commission v Xinyi PV Products (Anhui) Holdings Ltd (Appeal — Commercial policy — Dumping — Imports of solar glass originating in China — Regulation (EC) No 1225/2009 — Article 2(7)(b) and (c) — Market Economy Treatment (MET) — Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) — Tax incentives)
Case C-301/16 P: Judgment of the Court (Second Chamber) of 28 February 2018 — European Commission v Xinyi PV Products (Anhui) Holdings Ltd (Appeal — Commercial policy — Dumping — Imports of solar glass originating in China — Regulation (EC) No 1225/2009 — Article 2(7)(b) and (c) — Market Economy Treatment (MET) — Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) — Tax incentives)
Case C-301/16 P: Judgment of the Court (Second Chamber) of 28 February 2018 — European Commission v Xinyi PV Products (Anhui) Holdings Ltd (Appeal — Commercial policy — Dumping — Imports of solar glass originating in China — Regulation (EC) No 1225/2009 — Article 2(7)(b) and (c) — Market Economy Treatment (MET) — Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) — Tax incentives)
OJ C 142, 23.4.2018, p. 4–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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23.4.2018 |
EN |
Official Journal of the European Union |
C 142/4 |
Judgment of the Court (Second Chamber) of 28 February 2018 — European Commission v Xinyi PV Products (Anhui) Holdings Ltd
(Case C-301/16 P) (1)
((Appeal - Commercial policy - Dumping - Imports of solar glass originating in China - Regulation (EC) No 1225/2009 - Article 2(7)(b) and (c) - Market Economy Treatment (MET) - Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) - Tax incentives))
(2018/C 142/05)
Language of the case: English
Parties
Appellant: European Commission (represented by: L. Flynn and T. Maxian Rusche, acting as Agents)
Other party to the proceedings: Xinyi PV Products (Anhui) Holdings Ltd (represented by: Y. Melin and V. Akritidis, avocats)
Intervener in support of the appellant: GMB Glasmanufaktur Brandenburg GmbH, (represented by: A. Bochon, avocat, and R. MacLean, Solicitor)
Operative part of the judgment
The Court:
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1. |
Sets aside the judgment of the General Court of the European Union of 16 March 2016, Xinyi PV Products (Anhui) Holdings v Commission (T 586/14, EU:T:2016:154); |
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2. |
Refers the case back to the General Court of the European Union; |
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3. |
Reserves the costs. |