# C_2010209EN.01002501.xml

| 31.7.2010 | EN | Official Journal of the European Union | C 209/25 |
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31.7.2010

EN

Official Journal of the European Union

C 209/25

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Appeal brought on 18 May 2010 by Zhejiang Aokang Shoes Co., Ltd against the judgment of the General Court (Eighth Chamber) delivered on 4 March 2010 in Case T-407/06: Zhejiang Aokang Shoes Co., Ltd v Council of the European Union

(Case C-247/10 P)

()

2010/C 209/35

Language of the case: English

Parties

Parties

Appellant: Zhejiang Aokang Shoes Co., Ltd (represented by: M. Sánchez Rydelski, Rechtsanwalt)

Appellant:

Other parties to the proceedings: Wenzhou Taima Shoes Co., Ltd, Council of the European Union, European Commission, Confédération européenne de l'industrie de la chaussure (CEC), BA.LA. di Lanciotti Vittorio & C. Sas, Calzaturificio Elisabet Srl, Calzaturificio Iacovelli di Iacovelli Giuseppe & C. Snc, Calzaturificio Leopamy Srl, Calzaturificio Lunella Srl, Calzaturificio Mia Shoe Snc di Gattafoni Carlo & C., Calzaturificio Primitempi di Monaldi Geri, Calzaturificio R. G. di Rossi & Galiè Srl, Calz. S. G. di Seghetta Giampiero e Sergio Snc, Carim Srl, Florens Shoes SpA, Gattafoni Shoe Snc di Gattafoni Giampaolo & C., Grif Srl, Missouri Srl, New Swing Srl, Podosan Medical Shoes di Cirilli Michela, Viviane Sas

Other parties to the proceedings:

Form of order sought

Form of order sought

The appellant claims that the Court should:

| — | Set aside the Judgment of the General Court of 4 March 2010 in Case T-407/06 |
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Set aside the Judgment of the General Court of 4 March 2010 in Case T-407/06

| — | Annul Council Regulation (EC) No 1472/2006 (1) imposing a definitive anti-dumping duty on imports of certain leather footwear from China and Vietnam in so far as it concerns the Appellant; and |
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Annul Council Regulation (EC) No 1472/2006 (1) imposing a definitive anti-dumping duty on imports of certain leather footwear from China and Vietnam in so far as it concerns the Appellant; and

1

| — | Order the Council of the European Union to pay the Applicant's costs in this appeal and with regard to the procedure in Case T-407/06 in the General Court. |
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Order the Council of the European Union to pay the Applicant's costs in this appeal and with regard to the procedure in Case T-407/06 in the General Court.

Pleas in law and main arguments

Pleas in law and main arguments

The appellant submits:

| | That the General Court erred in law, when it decided that the Commission could lawfully decide pursuant to Article 17(3) of Council Regulation (EC) No 384/96 (2) on protection against dumped imports from countries not members of the European Community (‘Basic Regulation’), not to examine and make a determination on the Appellant's claims for market economy treatment (‘MET’) and individual treatment (‘IT’). |
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That the General Court erred in law, when it decided that the Commission could lawfully decide pursuant to Article 17(3) of Council Regulation (EC) No 384/96 (2) on protection against dumped imports from countries not members of the European Community (‘Basic Regulation’), not to examine and make a determination on the Appellant's claims for market economy treatment (‘MET’) and individual treatment (‘IT’).

2

| | That the General Court erred in law concerning whether the Appellant's rights of defence were breached in connection with the established infringement of Article 20(5) of the Basic Regulation. |
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That the General Court erred in law concerning whether the Appellant's rights of defence were breached in connection with the established infringement of Article 20(5) of the Basic Regulation.

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(1)  Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam

1

OJ L 275, p. 1

(2)  OJ L 56, p. 1

2

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