Judgment of the General Court of 11 July 2013 – Philips Lighting Poland and Philips Lighting v Council
(Case T-469/07) 1
(Dumping – Imports of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines – Expiry of anti-dumping measures – Review – Articles 4(1), 5(4) and 9(1) of Regulation (EC) No 384/96 (now Articles 4(1), 5(4), and 9(1) of Regulation (EC) No 1225/2009) – Concept of Community industry – Determination of injury – Obligation to state the reasons)
Language of the case: English
Parties
Applicants: Philips Lighting Poland S.A. (Piła, Poland), and Philips Lighting BV (Eindhoven, Netherlands) (represented by: L. Catrain González, lawyer, and E. Wright, Barrister)
Defendant: Council of the European Union (represented by: initially J.-P. Hix, Agent, and by G. Berrisch and G. Wolf, lawyers, and subsequently by J.-P. Hix and B. Driessen, Agents, and by G. Berrisch)
Interveners in support of the applicants: Hangzhou Duralamp Electronics Co., Ltd, (Hangzhou, China) (represented by: M. Gambardella and V. Villante, lawyers), and GE Hungary Ipari és Kereskedelmi Zrt. (GE Hungary Zrt) (Budapest, Hungary) (represented by: P. De Baere, lawyer)
Interveners in support of the defendant: European Commission (represented by: H. van Vliet and K. Talabér Ritz, Agents), and Osram GmbH (Munich, Germany) (represented by: R. Bierwagen, lawyer)
Re:
Application for the annulment of Council Regulation (EC) No 1205/2007 of 15 October 2007 imposing anti-dumping duties on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and extending to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines (OJ 2007 L 272, p. 1).
Operative part of the judgment
The Court:
Dismisses the action;
Orders Philips Lighting Poland S.A. and Philips Lighting BV to bear their own costs, to pay the costs of the Council of the European Union, with the exception of those incurred by it in connection with the interventions of Hangzhou Duralamp Electronics Co., Ltd and GE Hungary Ipari és Kereskedelmi Zrt (GE Hungary Zrt), and to pay the costs of Osram GmbH;
Orders the European Commission to bear its own costs;
Orders Hangzhou Duralamp Electronics and GE Hungary to bear their own costs and to pay those incurred by the Council in connection with their interventions.
____________1 OJ C 51, 23.2.2008.