Judgment of the General Court of 4 March 2010 - Sun Sang Kong Yuen Shoes Factory v Council
(Dumping - Imports of footwear with uppers of leather from China and Vietnam - Market economy treatment - Sampling - Lack of cooperation - Rights of the defence - Injury - Obligation to state reasons)
Language of the case: English
Parties
Applicant: Sun Sang Kong Yuen Shoes Factory (Hui Yang) Corp. Ltd (Hui Yang City, China) (represented by I. MacVay, Solicitor, R. Thompson QC and K. Beal, Barrister)
Defendant: Council of the European Union (represented by: J.-P. Hix, Agent and by G. Berrisch, lawyer)
Interveners in support of the defendant: European Commission (represented by H. van Vliet and T. Scharf, Agents); Confédération européenne de l'industrie de la chaussure (CEC) (Brussels, Belgium) (represented initially by P. Vlaemminck, G. Zonnekeyn and S. Verhulst and then by P. Vlaemminck and A. Hubert, lawyers); BA.LA. di Lanciotti Vittorio & C. Sas (Monte Urano, Italy) and the 16 other interveners listed in the annex to the judgment (represented by G. Celona, P. Tabellini and C. Cavaliere, lawyers)
Re:
Application for partial annulment of Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitively 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 applicant.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Sun Sang Kong Yuen Shoes Factory (Hui Yang) Corp. Ltd to pay its own costs and those incurred by the Council of the European Union;
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 listed in the annex to bear their own costs.
____________1 - OJ C 42, 24.2.2007.