Judgment of the Court of First Instance of 10 September 2008 - JSC Kirovo-Chepetsky Khimichesky Kombinat v Council
(Dumping − Imports of ammonium nitrate originating in Russia and Ukraine − Amendment of the definition of the product concerned − Application of existing measures to new product types)
Language of the case: English
Parties
Applicant: JSC Kirovo-Chepetsky Khimichesky Kombinat (Kirovo-Chepetsk, Russia) (represented: initially by B. Servais and Y. Melin, and subsequently by B. Servais, lawyers)
Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer)
Intervener in support of the defendant: Commission of the European Communities (represented by: E. Righini and K. Talabér-Ritz, acting as Agents)
Re:
Action for annulment of Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2005 L 160, p. 1)
Operative part of the judgment
The Court:
1. Annuls Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96;
2. Orders the Council to bear its own costs and those incurred by JSC Kirovo-Chepetsky Khimichesky Kombinat;
3. Orders the Commission to bear its own costs.
____________1 - OJ C 281, 12.11.2005.