Judgment of the General Court of 11 September 2014 — Gold East Paper and Gold Huasheng Paper v Council
(Case T-443/11) 1
(Dumping — Imports of coated fine paper originating in China — Market economy treatment — Time-limit for adopting the MET decision — Diligent and impartial examination — Rights of the defence — Manifest error of assessment — Principle of sound administration — Burden of proof — Injury — Determination of the profit margin — Definition of the product concerned — Community industry — Causal link)
Language of the case: English
Parties
Applicants: Gold East Paper (Jiangsu) Co. Ltd (Jiangsu, China), and Gold Huasheng Paper (Suzhou Industrial Park) Co. Ltd (Jiangsu) (represented by: V. Akritidis, Y. Melin and F. Crespo, lawyers)
Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted initially by G. Berrisch, A. Polcyn, lawyers, and by N. Chesaites, Barrister, and subsequently by B. O’Connor, Solicitor, and by S. Gubel, lawyer)
Interveners in support of the defendant: European Commission (represented by M. França and A. Stobiecka-Kuik, acting as Agents), Cepifine AISBL (Brussels, Belgium), Sappi Europe SA (Brussels), Burgo Group SpA (Altavilla Vicentina, Italy), and Lecta SA (Luxembourg, Luxembourg) (represented by: L. Ruessmann and W. Berg, lawyers)
Re:
Action for annulment of Council Implementing Regulation (EU) No 451/2011 of 6 May 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of coated fine paper originating in the People’s Republic of China (OJ 2011 L 128, p. 1), in so far as it concerns the applicants.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Gold East Paper (Jiangsu) Co. Ltd and Gold Huasheng Paper (Suzhou Industrial Park) Co. Ltd to bear their own costs and to pay those of the Council of the European Union, Cepifine AISBL, Sappi Europe SA, Burgo Group SpA and Lecta SA;
Orders the European Commission to bear its own costs.
________________________1 OJ C 298, 8.10.2011.