Judgment of the General Court of 25 June 2015 — PT Musim Mas v Council
(Case T-26/12) 1
(Dumping — Imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia — Adjustment — Article 2(9) and (10)(i) of Regulation (EC) No 1225/2009 — Functions similar to those of an agent working on a commission basis — Single economic entity — Manifest error of assessment — Principle of sound administration — Equality and non-discrimination)
Language of the case: English
Parties
Applicant: PT Perindustrian dan Perdagangan Musim Semi Mas (PT Musim Mas) (Medan, Indonesia) (represented by: D. Luff, lawyer)
Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, and initially by G. Berrisch, lawyer, and N. Chesaites, Barrister, and subsequently by D. Geradin, lawyer, and lastly by E. McGovern, Barrister)
Interveners in support of the defendant : European Commission (represented by M. França and A. Stobiecka-Kuik, acting as Agents); Sasol Olefins & Surfactants GmbH (Hamburg, Germany); and Sasol Germany GmbH (Hamburg) (represented initially by V. Akritidis, lawyer, and J. Beck, Solicitor, and subsequently by V. Akritidis)
Re:
Application for annulment of 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 2011 L 293, p. 1), and Council Implementing Regulation (EU) No 1241/2012 of 11 December 2012 amending Implementing Regulation No 1138/2011 (OJ 2012 L 352, p. 1).
Operative part of the judgment
The Court:
Dismisses the action;
Orders PT Perindustrian dan Perdagangan Musim Semi Mas (PT Musim Mas) 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;
Orders Sasol Olefins & Surfactants GmbH and Sasol Germany GmbH to bear their own costs.
____________1 OJ C 80, 17.3.2012.