Action brought on 17 November 2006 - Whirlpool Europe v Council

(Case T-314/06)

Language of the case: English

Parties

Applicant: Whirlpool Europe Srl (Comerio, Italy) (represented by: M. Bronckers and F. Louis, lawyers)

Defendant: Council of the European Union

Form of order sought

Declare the definitive regulation annulled insofar as the definition of the product concerned/like product does not include all large-volume refrigerator-freezer units with at least two external doors placed side-by-side;

order the Council to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant, who is a domestic appliance producer in Europe of among others refrigerators, seeks the partial annulment of Council Regulation (EC) No 1289/2006 of 25 August 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain side-by-side refrigerators originating in the Republic of Korea¹.

In support of its application, the applicant submits that the Community institutions violated Article 253 EC by providing inadequate and insufficient reasoning on the exclusion of three-door side-by-side refrigerators from the issue of product scope, especially in light of the circumstances of the case.

The applicant further submits that the Community institutions violated the applicant's right to be heard with regard to the last-minute exclusion of three-door side-by-side refrigerators from the scope of the product concerned.

Moreover, the applicant alleges that the Community institutions violated Article 15(2) of the Basic Regulation ² by failing to consult the Advisory Committee on time on the exclusion of three-door side-by-side refrigerators from the scope of the product concerned.

Finally, the applicant claims that the Community institutions violated the Basic Regulation in their approach to defining the product scope on the basis of physical characteristics without regard to consumer perception.

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¹ - OJ 2006 L 236, p. 11.

² - Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1).