CCCCEU Comments on First FSR Hearing: Nuctech v. European Commission
In response to media inquiries on the upcoming hearing of Nuctech v. European Commission, the CCCEU issued the following statement on April 13:
The CCCEU notes that the hearing for the Nuctech v. European Commission case will take place on the morning of 14 April at the General Court of the European Union in Luxembourg. This is the first hearing under the EU's Foreign Subsidies Regulation (FSR). The fact that this hearing is being held nearly two years after the European Commission's dawn raid and the company's legal filing highlights the complexity and urgency of the proceedings.
First, we firmly support Nuctech's lawful efforts to defend its legitimate rights and interests. The company's legal action was both compelled and necessary — to establish the facts and challenge improper enforcement.
Second, we reiterate our strong dissatisfaction with the European Commission's conduct in its FSR investigations. From dawn raids to the progression of the cases, the EU's procedures have persistently lacked transparency and predictability, and have disproportionately targeted Chinese-invested enterprises. This amounts to de facto discriminatory enforcement, which has severely undermined the confidence of such enterprises in Europe.
A healthy business environment relies on fairness and the rule of law. When enforcement is perceived as biased, the credibility of the "level playing field" is called into question.
We hope tomorrow's hearing will serve as an opportunity to uncover the facts, rather than a mere procedural formality. We call on the EU side to apply its regulations in a fair and transparent manner, and to ensure that all Chinese-invested companies in Europe, including Nuctech, receive non-discriminatory legal protection and market treatment.
We will continue to follow the case closely and support the company in taking further steps to safeguard its legitimate rights and interests.

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