Hupeden v Council and Commission (Judgment) French Text [2015] EUECJ T-206/14 (23 September 2015)

Hupeden v Council and Commission (Judgment) French Text [2015] EUECJ T-206/14 (23 September 2015)

The Tribunal found that although the Commission and Council failed to fully exercise their duty of diligence in determining the normal value for antidumping purposes, this did not amount to a sufficiently characterized breach to engage EU liability. Furthermore, the applicant failed to prove a direct causal link...

Source-derived case information.

Citation
[2015] EUECJ T-206/14
Parties
Applicant: Hüpeden & Co. (GmbH & Co.) KG; Respondent: Council of the European Union; Respondent: European Commission
Jurisdiction
European Union
Procedural Posture
Recours En Indemnité (action for Damages) / Final Judgment
Outcome
claim dismissed
Legal Topics
Non Contractual Liability, Antidumping Duties, Invalidity of EU Regulation, Duty of Diligence, Causation, Procedural Admissibility
European Union Law Administrative Law Non Contractual Liability Antidumping Duties Invalidity of EU Regulation Duty of Diligence Causation Procedural Admissibility

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 32 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Hüpeden & Co. (GmbH & Co.) KG

Applicant

Council of the European Union

Respondent

European Commission

Respondent

Procedural Posture

Recours En Indemnité (action for Damages) / Final Judgment

  1. 1 Whether the EU is liable for damages caused by an invalid antidumping regulation
  2. 2 Whether the applicant exhausted national remedies
  3. 3 Whether there was a sufficiently characterized breach of a rule conferring rights to individuals

Ratio Decidendi

The Tribunal found that although the Commission and Council failed to fully exercise their duty of diligence in determining the normal value for antidumping purposes, this did not amount to a sufficiently characterized breach to engage EU liability. Furthermore, the applicant failed to prove a direct causal link between the alleged fault and the claimed damage, as the evidence did not establish that the interest paid was necessitated by the payment of antidumping duties. Therefore, the claim for damages was rejected.

Court Disposition

claim dismissed

Orders

  • The application is rejected.
  • The applicant is ordered to pay the costs of the Council and Commission.