On 25th January the EU General Court rejected an appeal from Internacional de Productos Metálicos SA. The Spanish fastener importer had argued that duties should be reimbursed following the EU’s repeal of anti-dumping measures on carbon steel fasteners originating in China.
Internacional de Productos Metálicos (IPM) had originally presented a case that the repeal regulation, which followed a negative ruling
against the EU by the WTO dispute settlement body, should have provided for the repayment of duties. IPM then appealed a decision against it from a
lower General Court in July 2016.
The European Commission argued that the claim should not be admitted on the basis IPM had not been directly impacted by the regulation it had challenged. It also argued that IPM’s claim was inadmissible in so far as it sought recognition from the court that a particular provision of the regulation should apply retroactively and that the contested provision should not be taken in isolation from the rest of the regulation.
The General Court upheld the Commission’s arguments and also noted that EU legislation separately provided for importers to appeal duties it believed were incorrectly applied at a national level, which IPM had already done. The Court concluded the action must be dismissed as manifestly inadmissible.
The case reference is T-217/16.
The full ruling is published in French and Spanish only at:
Will joined Fastener + Fixing Magazine in 2007 and over the last 15 years has experienced every facet of the fastener sector - interviewing key figures within the industry and visiting leading companies and exhibitions around the globe.
Will manages the content strategy across all platforms and is the guardian for the high editorial standards that the Magazine is renowned.
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