Dumping Community interest Imports of footwear with uppers of leather originating in China and Vietnam Market economy status
Sumário
Judgment of the General Court (Eighth Chamber) of 9 December 2009.
Apache Footwear Ltd and Apache II Footwear Ltd (Qingxin) v Council of the European Union.
Dumping - Imports of footwear with uppers of leather originating in China and Vietnam - Market economy status - Community interest.
Case T-1/07.
Texto da decisão
Judgment of the General Court (Eighth Chamber) of 9 December 2009 – Apache Footwear and Apache II Footwear v Council
(Case T-1/07)
Dumping – Imports of footwear with uppers of leather originating in China and Vietnam – Market economy status – Community interest
1. Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Imports from countries not having a market economy as referred to inArticle 2(7)(b) of Regulation No 384/96 – Application of rules relating to countries with a market economy – Application reserved for producers satisfying the cumulative conditions set out in Article 2(7)(c) of Regulation No 384/96 – Group of companies (Council Regulation No 384/96, Art. 2(7)) (see paras 84-85)
2. Acts of the institutions – Statement of reasons – Obligation – Scope – Regulations imposing anti-dumping duties (Art. 253 EC) (see para. 96)
3. Common commercial policy – Protection against dumping – Discretion of the institutions – Judicial review – Limits (see paras 111-112)
Re:
| APPLICATION for partial annulment of Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam (OJ 2006 L 275, p. 1), in so far as it concerns the applicants. |
Operative part:
The Court:
|
1. |
Dismisses the action; |
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2. |
Orders Apache Footwear Ltd and Apache II Footwear Ltd (Qingxin) to bear their own costs as well as those incurred by the Council of the European Union; |
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3. |
Orders the European Commission, the Confédération européenne de l’industrie de la chaussure (CEC), BA.LA. di Lanciotti Vittorio & C. Sas and the 16 other interveners whose names are listed in the Annex to bear their own costs. |