Action brought on 8 December 2011 - Guangdong Kito Ceramics and Others v Council
(Case T-633/11)
Language of the case: English
Parties
Applicants: Guangdong Kito Ceramics Co. Ltd (Foshan, China), Jingdezhen Kito Ceramic Co. Ltd (Jingdezhen, China), Jingdezhen Lehua Ceramic Sanitary Ware Co. Ltd (Jingdezhen, China) and Zhaoqing Lehua Ceramic Sanitary Ware Co. Ltd (Sihui, China) (represented by: M. Sánchez Rydelski, lawyer)
Defendant: Council of the European Union
Form of order sought
Annul Council Implementing Regulation (EU) No 917/2011 of 12 September 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People's Republic of China (OJ 2011 L 238, p. 1), in so far as it concerns the applicants; and
Order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1. First plea in law, alleging that the defendant has committed a manifest error in the interpretation and application of Article 18 of Council Regulation (EC) No 1225/2009.
2. Second plea in law, alleging that the contested regulation is lacking sufficient reasoning.
3. Third plea in law, alleging that the procedure leading up to the contested regulation was not in compliance with general principles of EU law, such as the principle of sound administration, transparency and with the right of defence of the applicants and infringed upon Article 18(4) of the Council Regulation (EC) No 1225/2009.
____________1 - Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51).