C_2021471EN.01006001.xml

Action brought on 29 September 2021 — Çolakoğlu Metalurji and Çolakoğlu Dış Ticaret v Commission

(Case T-630/21)

(2021/C 471/85)

Language of the case: English

Parties

Applicants: Çolakoğlu Metalurji AŞ (Istanbul, Turkey), Çolakoğlu Dış Ticaret AŞ (Istanbul) (represented by: J. Cornelis and F. Graafsma, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

—

annul Commission Implementing Regulation (EU) 2021/1100 of 5 July 2021 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey (OJ 2021 L 238, p. 32); and

—	order the European Commission to pay the applicants’ costs.

Pleas in law and main arguments

In support of the action, the applicants rely on four pleas in law.

First plea in law, alleging a violation of Article 2(10)(i) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (1) by making an adjustment for a (notional) commission to the export price and, more specifically,

—	A violation of Article 2(10)(i)) of Regulation (EU) 2016/1036 to the extent the adjustment made for commissions exceeds the actual commission paid to Çolakoğlu Dış Ticaret AŞ;

—	A violation of Article 2(10)(i) of Regulation (EU) 2016/1036 as Çolakoğlu Dış Ticaret AŞ does not receive a mark-up; and

—	A manifest error of assessment in treating Çolakoğlu Dış Ticaret AŞ as an agent working on a commission basis and consequent violation of Article 2(10)(i) of Regulation (EU) 2016/1036.

2.	Second plea in law, alleging a violation of Article 2(10)(b) of Regulation (EU) 2016/1036 by requiring payment of import duties for accepting a duty drawback adjustment.

3.	Third plea in law, alleging a manifest error of assessment in refusing to carry out a quarterly dumping margin calculation and consequent violation of the chapeau of Article 2(10) of Regulation (EU) 2016/1036.

4.	Fourth plea in law, alleging a violation of Article 2(10)(j) of Regulation (EU) 2016/1036 by refusing to adjust for hedging gains and losses.

(1) 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 (JO 2016 L 176, p. 21).