Judgment of the General Court of 13 September 2013 – Huvis v Council

(Case T-536/08) ¹

(Dumping – Imports of polyester staple fibres originating in South Korea – 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

Applicant: Huvis Corp. (Seoul, South Korea) (represented: initially by J.-F. Bellis, F. Di Gianni and R. Antonini, and subsequently by J.-F. Bellis, F. Di Gianni and A. Scalini, lawyers)

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

Intervener in support of the defendant: European Commission (represented: intially 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 applicant.

Operative part of the judgment

The Court:

Dismisses the action;

Orders Huvis Corp. to bear its own costs and to pay 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.