Judgment of the General Court of 13 September 2013 – Cixi Jiangnan Chemical Fiber and Others v Council

(Case T-537/08) ¹

(Dumping – Imports of polyester staple fibres originating in China – Maintenance of anti-dumping duties following a partial interim review – Action for annulment – Direct and individual concern – Admissibility – Equal treatment and non-discrimination – Article 9(5) and Article 21(1) of Regulation (EC) No 384/96 (now Article 9(5) and Article 21(1) of Regulation (EC) No 1225/2009))

Language of the case: English

Parties

Applicants: Cixi Jiangnan Chemical Fiber Co. Ltd (Cixi, China); Cixi Santai Chemical Fiber Co. Ltd (Cixi); Cixi Sansheng Chemical Fiber Co. Ltd (Cixi); Jiangyin Changlong Chemical Fibre Co. Ltd (Jiangyin, China); NingBo Dafa Chemical Fiber Co. Ltd (Cixi); Xiake Color Spinning Co. Ltd (Jiangyin); Zhejiang Waysun Chemical Fiber Co. Ltd (Cixi); and Zhejiang Anshun Pettechs Fibre Co. Ltd (Fuyang, China) (represented: initially by J.-F. Bellis, lawyer, and G. Vallera, Barrister, and subsequently by J.-F. Bellis, A. Scalini and F. Di Gianni, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix and B. Driessen, Agents, assisted initially by G. Berrisch and G. Wolf, lawyers, and subsequently by G. Berrisch)

Intervener in support of the defendant: European Commission (represented: initially by M. França and H. van Vliet, and subsequently by M. França and J.-F. Brakeland, Agents)

Re:

Action for annulment of Council Regulation (EC) No 893/2008 of 10 September 2008 maintaining the anti-dumping duties on imports of polyester staple fibres originating in Belarus, the People’s Republic of China, Saudi Arabia and Korea following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2008 L 247, p. 1), as regards the applicants.

Operative part of the judgment

The Court:

Dismisses the action as inadmissible in so far as it has been brought by Cixi Santai Chemical Fiber Co. Ltd, Cixi Sansheng Chemical Fiber Co. Ltd, NingBo Dafa Chemical Fiber Co. Ltd, Zhejiang Waysun Chemical Fiber Co. Ltd and Zhejiang Anshun Pettechs Fibre Co. Ltd;

Dismisses the action as unfounded in so far as it has been brought by Cixi Jiangnan Chemical Fiber Co. Ltd, Jiangyin Changlong Chemical Fibre Co. Ltd and Xiake Color Spinning Co. Ltd;

Orders Cixi Jiangnan Chemical Fiber, Cixi Santai Chemical Fiber, Cixi Sansheng Chemical Fiber, Jiangyin Changlong Chemical Fibre, NingBo Dafa Chemical Fiber, Xiake Color Spinning, Zhejiang Waysun Chemical Fiber and Zhejiang Anshun Pettechs Fibre to bear their own costs and to pay, jointly and severally, those incurred by the Council of the European Union;

Orders the European Commission to bear its own costs.

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¹ OJ C 55, 7.3.2009.