Judgment of the General Court of 10 October 2012 - Ningbo Yonghong Fasteners v Council
(Case T-150/09)
(Dumping - Imports of certain iron or steel fasteners originating in China - Market economy treatment - Time-limit for adopting the decision on that treatment - Manifest error of assessment - Burden of proof - Adjustment to costs - Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (7)(b) and (c) of Regulation (EC) No 1225/2009))
Language of the case: English
Parties
Applicant: Ningbo Yonghong Fasteners Co. Ltd (Zhouhan, China) (represented by: F. Graafsma and J. Cornelis, lawyers)
Defendant: Council of the European Union (represented: initially by J.-P. Hix, acting as Agent, assisted by G. Berrisch and G. Wolf, lawyers, and subsequently by J.-P. Hix and B. Driessen, acting as Agents, assisted by Berrisch)
Interveners in support of the defendant : European Commission (represented by: H. van Vliet and C. Clyne, acting as Agents); and European Industrial Fasteners Institute AISBL (EIFI) (Brussels, Belgium) (represented: initially by J. Bourgeois, Y. van Gerven and E. Wäktare, and subsequently by Bourgeois, lawyers)
Re:
Application for annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China (OJ 2009 L 29, p. 1).
Operative part of the judgment
The Court:
Dismisses the action;
Orders Ningbo Yonghong Fasteners Co. Ltd to bear its own costs and to pay those of the Council of the European Union and of the European Industrial Fasteners Institute AISBL;
Orders the European Commission to bear its own costs.
____________1 - OJ C 141, 20.6.2009.