Judgment of the General Court of 4 March 2010 - Zhejiang Aokang Shoes and Wenzhou Taima Shoes v Council
(Joined Cases T-407/06 and T-408/06) 1 (Dumping - Imports of footwear with uppers of leather originating in China and Vietnam - Market economy treatment - Individual treatment - Sampling - Rights of the defence - Equal treatment - Injury - Legitimate expectations - Obligation to state the reasons on which the decision is based)
Language of the case: English
Parties
Applicants: Zhejiang Aokang Shoes Co., Ltd (Yongjia, China) (Case T-407/06) and Wenzhou Taima Shoes Co., Ltd (Wenzhou, China) (Case T-408/06) (represented by: I. MacVay, Solicitor, R. Thompson QC, and K. Beal, Barrister)
Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer)
Interveners in support of the defendant: European Commission (represented by: H. van Vliet and T. Scharf, actig as Agents); Confédération européenne de l'industrie de la chaussure (CEC) (Brussels, Belgium) (represented: initially by P. Vlaemminck, G. Zonnekeyn and S. Verhulst and subsequently 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 (represented by: G. Celona, P. Tabellini and C. Cavaliere, lawyers)
Re:
Applications 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 of the judgment
The Court:
Dismisses the actions;
Orders Zhejiang Aokang Shoes Co., Ltd and Wenzhou Taima Shoes Co., Ltd to bear their own costs as well as those incurred by the Council of the European Union;
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.