Judgment of the General Court (Seventh Chamber) of 19 April 2012 – Würth and Fasteners (Shenyang) v Council

(Case T-162/09)

Action for annulment — Dumping — No individual concern — Inadmissibility

1.                     Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Regulation imposing an anti-dumping duty — Actions by producers, exporters or importers of the products concerned, or by the manufacturer of original equipment — Admissibility — Conditions (Art. 230, fourth para., EC) (see paras 21-28, 49, 54, 62)

2.                     Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Regulation imposing an anti-dumping duty — Undertaking able to rely on its participation in the administrative procedure — Inadmissibility (Art. 230, fourth para., EC) (see paras 33-36, 58)

3.                     Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Interpretation, contrary to law, of the requirement of being individually concerned — Not permissible (Art. 230, fourth para., EC) (see paras 47, 65)

Re:

APPLICATION for annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 29, p. 1).

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Adolf Würth GmbH & Co. KG and Arnold Fasteners (Shenyang) Co. Ltd to bear their own costs and to pay those incurred by the Council of the European Union and by the European Industrial Fasteners Institute AISBL;

3. Order the European Commission to bear its own costs.