Language of document :

Judgment of the Court of First Instance of 13 July 2006 - Shandong Reipu Biochemicals v Council

(Case T-413/03) 1

(Dumping - Imports of para-cresol originating in China - Calculation of the constructed normal value - Taking into account of by-products - Obligation of the Commission and the Council to examine)

Language of the case: English

Parties

Applicant: Shandong Reipu Biochemicals Co. Ltd (Shandong, China) (represented by: O. Prost, V. Avgoustidi and E. Berthelot, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop, Agent)

Interveners in support of the defendant: Commission of the European Communities (represented by: T. Scharf and K. Talabér-Ricz, Agents) and Degussa Knottingley Ltd (London, United Kingdom) (represented by: F. Renard, lawyer)

Re:

Annulment of Council Regulation (EC) No 1656/2003 of 11 September 2003 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of para-cresol originating in the People's Republic of China (OJ 2003 L 234, p. 1)

Operative part of the judgment

Council Regulation (EC) No 1656/2003 of 11 September 2003 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of para-cresol originating in the People's Republic of China is annulled in so far as it concerns the applicant.

The Council is ordered to bear its own costs and those incurred by the applicant.

The Commission and Degussa Knottingley Ltd are ordered to bear their own costs.

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1 - OJ C 59, 6.3.2004.