Judgment of the Court of First Instance of 17 December 2008 - HEG and Graphite India v Council
(Common commercial policy - Anti-dumping duties - Countervailing duties - Imports of certain graphite electrode systems originating in India - Rights of the defence - Equal treatment - Determination of injury - Causal link)
Language of the case: English
Parties
Applicants: HEG Ltd (New Delhi, India); and Graphite India Ltd (Kolkata, India) (represented: initially by K. Adamantopoulos, lawyer, and J. Branton, Solicitor, and subsequently by J. Branton)
Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer)
Intervener in support of the defendant: Commission of the European Communities (represented by: T. Scharf and K. Talabér-Ritz, acting as Agents)
Re:
Application for annulment of Council Regulation (EC) No 1628/2004 of 13 September 2004 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain graphite electrode systems originating in India (OJ 2004 L 295, p. 4) and of Council Regulation (EC) No 1629/2004 of 13 September 2004 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain graphite electrode systems originating in India (OJ 2004 L 295, p. 10).
Operative part of the judgment
The Court:
Dismisses the action;
Orders HEG Ltd and Graphite India Ltd to bear their own costs and to pay the costs of the Council;
Orders the Commission to bear its own costs.
____________1 - OJ C 69, 19.3.2005.