Notices for publication in the OJ nº T-269/10 of The General Court, August 28, 2010

• Resolution Date: August 28, 2010
• Issuing Organization: The General Court
• Decision Number: T-269/10

Action brought on 14 June 2010 - LIS v Commission

(Case T-269/10)

Language of the case: German

Parties

Applicant: LIS GmbH Licht Impex Service (Mettmann, Germany) (represented by: K.-P. Langenkamp, lawyer)

Defendant: European Commission

Form of order sought

declare the Commission decision of 12 April 2010 to be void pursuant to Article 264 TFEU;

order the Commission to pay the costs necessarily incurred pursuant to Article 87(2) of the Rules of Procedure of the General Court.

Pleas in law and main arguments

The applicant challenges Commission Decision C (2010) 2198 final of 12 April 2010 by which the Commission rejected the applicant's requests for reimbursement of anti-dumping duties paid in respect of the importation of integrated electronic compact fluorescent lamps originating in the People's Republic of China.

In support of its claim, the applicant submits that, in applying Article 11(8) of Regulation (EC) No 384/96, the Commission failed to have regard for the purpose and objective of that rule and did not apply principles of logical reasoning.

In this regard, it is submitted, inter alia, that there was never any case of dumping in the specific case, as the production price was below the export price paid and the same product was subsequently offered by a German company at a price which was lower than the original Chinese export price.

The applicant submits, further, that the Commission...