Order of the Court of First Instance (Second Chamber) of 12 May 2009 – CHEMK and KF v Council and Commission

(Case T-190/08)

Actions for annulment – Period allowed for commencing proceedings – Partial inadmissibility – Intervention

1.                     Actions for annulment – Time-limits – Point from which time starts to run – Measure requiring notification – Calculation – Exceeding of the time-limit – Inadmissibility (Art. 230, fifth para., EC; Rules of Procedure of the Court of First Instance, Arts 101(1) and 102(2)) (see paras 19-23)

2.                     Procedure – Intervention – Party not being capable of being regarded as defendant due to the late introduction of its action for annulment – Lawfulness (Statute of the Court of Justice, Art. 40, first para.; Rules of Procedure of the Court of First Instance, Arts 115 and 116) (see paras 24-26)

Re:

ACTION for partial annulment of Council Regulation (EC) No 172/2008 of 25 February 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2008 L 55, p. 6) and, in the alternative, annulment of the decision of the Commission of 28 February 2008 rejecting the applicants’ request that the anti-dumping duty be suspended.

Operative part

1.      The action is dismissed as inadmissible in so far as it is directed against the Commission decision of 28 February 2008 rejecting the request of Chelyabinsk electrometallurgical integrated plant OAO (CHEMK) and Kuzneckie ferrosplavy OAO (KF) for suspension of anti-dumping duties.

2.      The Commission is granted leave to intervene in Case T-190/08 in support of the form of order sought by the Council.

3.      The Registrar shall send to the Commission a copy of every document served on the parties.

4.      A period shall be prescribed within which the Commission may submit a statement in intervention.

5.      The decision on the application for measures of organisation of procedure and for measures of inquiry is reserved.

6.      CHEMK and KF are ordered to pay the costs relating to the plea of inadmissibility. As to the remainder, the costs are reserved.