Judgment of the General Court of 19 March 2015 — Chin Haur Indonesia v Council
(Case T-412/13) 1
(Dumping — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Circumvention — Failure to cooperate — Articles 13 and 18 of Regulation (EC) No 1225/2009 — Obligation to state reasons — Error of assessment)
Language of the case: English
Parties
Applicant: Chin Haur Indonesia, PT (Tangerang, Indonesia) (represented by: T. Müller-Ibold and F.-C. Laprévote, lawyers)
Defendant: Council of the European Union (represented by: S. Boelaert, Agent, and by R. Bierwagen, lawyer)
Interveners in support of the defendant: European Commission (represented by: J.-F.Brakeland and M. França, Agents); and Maxcom Ltd (Plovdiv, Bulgaria) (represented by: L. Ruessmann, lawyer, and J. Beck, Solicitor)
Re:
Application for the partial annulment of Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not (OJ 2013 L 153, p. 1).
Operative part of the judgment
The Court:
Annuls Article 1(1) and (3) of Council Implementing Regulation (EU) No 501/2013 of 29 May 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People’s Republic of China to imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, to the extent that it concerns Chin Haur Indonesia, PT;
Orders the Council of the European Union to pay the costs incurred by Chin Haur Indonesia and to bear its own costs;
Orders the European Commission and Maxcom Ltd to bear their own costs.
________________________1 OJ C 274, 21.9.2013.