Action brought on 5 January 2012 - Godrej Industries and V V F v Council
(Case T-6/12)
Language of the case: English
Parties
Applicants: Godrej Industries Ltd (Mumbai, India), V V F Ltd (Mumbai) (represented by: B. Servais, lawyer)
Defendant: Council of the European Union
Form of order sought
Annul Council implementing Regulation (EU) No 1138/2011 of 8 November 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia (OJ L 293, 11.11.2011, p. 1), in so far as it concerns the applicants;
Order the Council to pay the costs of the proceedings.
Pleas in law and main arguments
In support of the action, the applicants rely on three pleas in law.
First plea in law, alleging
that by failing to grant the adjustment for currency conversion which the applicants claimed for sales made in Euro between January and June 2010, in view of the fact that there had been a sustained appreciation of the Indian Rupee against the Euro during an important part of the investigation period, the Council violated Article 2(10) (and, in particular, paragraph (j) thereof) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community, as interpreted in accordance with Articles 2.4 and 2.4.1 of the World Trade Organization's Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994;
Second plea in law, alleging
that by not excluding the sales of the product concerned, to the Union industry, for the purpose of the calculation of the injury margin and for the purpose of the injury and causality analysis, the Council violated Article 3 of Council Regulation (EC) No 1225/2009 of 30 November 2009 and, in particular, paragraphs 2, 6 and 7 thereof, as well as Article 9(4) thereof;
Third plea in law, alleging
that by failing to exclude sales to the Union industry for the purpose of the calculation of the dumping margin, the Council violated Articles 1(1) and 2(10) of Council Regulation (EC) No 1225/2009 of 30 November 2009, interpreted in accordance with the relevant provisions of the World Trade Organization's Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, in particular Article 9(1) thereof, as well as the principle of proportionality and reasonableness.
____________1 - OJ L 343, 22.12.2009, p. 51