Judgment of the General Court of 19 March 2015 — City Cycle Industries v Council
(Case T-413/13) 1
(Dumping — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Circumvention — Failure to cooperate — Article 13 of Regulation (EC) No 1225/2009 — Obligation to state reasons — Error of assessment — Equal treatment — Access to the file)
Language of the case: English
Parties
Applicant: City Cycle Industries (Colombo, Sri Lanka) (represented by: T. Müller-Ibold and F.-C. Laprévote, lawyers)
Defendant: Council of the European Union (represented by: S. Boelaert, Agent, and by R. Bierwagen and C. Hipp, lawyers)
Interveners in support of the defendant: European Commission (represented by: J.-F.Brakeland and M. França, Agents); and Maxcom Ltd (Plovdiv, Bulgaria) (represented by: L. Ruessmann, lawyer, and J. Beck, Solicitor)
Re:
Application for the partial annulment of Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not (OJ 2013 L 153, p. 1).
Operative part of the judgment
The Court:
Annuls Article 1(1) and (3) of Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, to the extent that it concerns City Cycle Industries;
Orders the Council of the European Union to pay the costs incurred by City Cycle Industries and to bear its own costs;
Orders the European Commission and Maxcom Ltd to bear their own costs.
________________________1 OJ C 274, 21.9.2013.