Case T-407/06: Action brought on 21 December 2006 — Zhejiang Aokang Shoes v Council
Date: 2007-02-24
Institutions: Court of First Instance
Subjects: China, Council of the European Union, Viet Nam, action for annulment (EU), anti-dumping duty, footwear industry, import (EU), leather, originating product

C 42/38

EN

Official Journal of the European Union

24.2.2007

The applicants rely on several pleas in law in support of their
action.

The first plea alleges infringement of Article 97 ECSC and
misuse of powers in so far as the contested decision applies
Article 65 ECSC after expiry of that treaty pursuant to Article
97 thereof.

— order the Commission (DG ENV) to pay the applicant's legal
and other costs and expenses incurred in connection with
this application, even if the current application is rejected;

— order the Commission (DG ENV) to pay the applicant's
damages suffered on account of the tendering procedure in
question for an amount of EUR 86 300.

Second, the applicants allege infringement of Regulation No 1/
2003 (1) and a misuse of powers in so far as the Commission
bases its competence to adopt an ECSC decision on a regulation
which confers on it powers only pursuant to the implementa-
tion of Articles 81 and 82 EC.

The third plea alleges breach of the rule of law and the rights of
the defence in so far as the decision holds three affiliated
companies responsible for a practice in which only one partici-
pated.

the applicants

claim that, by adopting the
Furthermore,
contested decision, the Commission has infringed rules of law
relating to limitation.

Finally, the applicants claim that the contested decision infringed
their rights of defence in so far as it was adopted more than
fifteen years after the facts, on the basis of a theory for attri-
buting responsibility which, according to the applicants, was set
out for the first time by the Commission in its statement of
objections of March 2006 and therefore after an excessive
period of time.

(1) Council Regulation (EC) No 1/2003 of 16 December 2002 on the
implementation of the rules on competition laid down in Articles 81
and 82 of the Treaty, OJ 2003 L 1, p. 1.

Action brought on 28 December 2006 — Evropaïki Dyna-
miki v Commission

(Case T-406/06)

(2007/C 42/66)

Language of the case: English

Parties

Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepi-
koinonion Pliroforikis kai Tilematikis AE (Athens, Greece)
(represented by: N. Korogiannakis and N. Keramidas, lawyers)

Defendant: Commission of the European Communities

Pleas in law and main arguments

The applicant submitted a bid in response to the defendant's call
for an open tender for the provision of services to support
Registries Systems established under Directive 2003/87 (1) with
(OJ 2006/S 102-
technical maintenance and user support
108793). The applicant contests the decision to reject its bid
and to award the contract to another bidder.

In support of its application, the applicant submits that the
defendant committed several errors of assessment and violated
the principles of equal treatment and transparency. Furthermore,
the applicant claims that the defendant did not state reasons for
its decision by not informing the applicant of the merits of the
successful tender compared to the applicant's tender.

(1) Directive 2003/87/EC of

the
Council of 13 October 2003 establishing a scheme for greenhouse
gas emission allowance trading within the Community and amending
Council Directive 96/61/EC (OJ 2003 L 275, p. 32).

the European Parliament and of

Action brought on 21 December 2006 — Zhejiang Aokang
Shoes v Council

(Case T-407/06)

(2007/C 42/67)

Language of the case: English

Parties

Applicant: Zhejiang Aokang Shoes Co., Ltd (Oubei, China)
(represented by:
I. MacVay, solicitor, R. Thompson, QC, and
K. Beal, barrister)

Defendant: Council of the European Union

Form of order sought

Form of order sought

— Annul the Commission's decision (DG ENV) to reject the
applicant's bid and to award the contract to the successful
contractor;

— The contested regulation be annulled in so far as it applies

to the applicant;

— the defendant meet the applicant's costs of these proceed-

ings.

24.2.2007

EN

Official Journal of the European Union

C 42/39

Pleas in law and main arguments

Form of order sought

The applicant, who is a Chinese producer and exporter of
leather footwear, seeks the annulment of 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).

In support of its application, the applicant invokes nine pleas in
law of which the first five relate to the lack of competence,
infringement of essential procedural requirements laid down in
the Basic Regulation (2) and infringement of the principles of
legitimate expectations, rights of defence and equal treatment.

Furthermore, the applicant submits that there has been an erro-
neous and discriminatory calculation of the dumping margin
applied to the applicant and that the contested regulation is
vitiated by a manifest error of assessment in respect of the
extent and duration of the injury relied on to justify the imposi-
tion of duties on the applicant.

the applicant contends that

the Commission has
Moreover,
infringed Article 20 of the Basic Regulation in failing to give
proper disclosure to the applicant
the radical
change of the definitive measures proposed by the Commission
between 7 July and 28 July 2006.

in respect of

the applicant alleges

Finally,
the contested regulation
infringes Article 2(10) of the Basic Regulation in respect of the
need to make a ‘fair comparison’ between the export price and
the normal value when assessing the dumping margin.

that

(1) OJ 2006 L 275, p. 1.
(2) Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of
the European Community (OJ 1996 L 56, p. 1).

Action brought on 21 December 2006 — Wenzhou Taima
Shoes v Council

(Case T-408/06)

(2007/C 42/68)

Language of the case: English

Parties

Applicant: Wenzhou Taima Shoes Co., Ltd (Yang Yi, China)
(represented by: I. MacVay, solicitor, R. Thompson, QC, and K.
Beal, barrister)

Defendant: Council of the European Union

— The contested regulation be annulled in so far as it applies

to the applicant;

— the defendant meet the applicant's costs of these proceed-

ings.

Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicant
are identical
to those relied on in Case T-407/06 Zhejiang
Aokang Shoes v Council.

Action brought on 21 December 2006 — Sun Sang Kong
Yuen Shoes Factory v Council

(Case T-409/06)

(2007/C 42/69)

Language of the case: English

Parties

Applicant: Sun Sang Kong Yuen Shoes Factory (Hui Yang) Co.,
Ltd (Xin Xu, China)
I. MacVay, solicitor, R.
(represented by:
Thompson, QC, and K. Beal, barrister)

Defendant: Council of the European Union

Form of order sought

— The contested regulation be annulled in so far as it applies

to the applicant;

— the defendant meet the applicant's costs of these proceed-

ings.

Pleas in law and main arguments

The applicant, who is a Chinese producer and exporter of
leather footwear, seeks the annulment of 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).

In support of its application, the applicant invokes six pleas in
law claming that:

— the contested regulation is vitiated by a manifest error of
assessment or infringes essential procedural requirements
and the principle of equal treatment in failing to conclude
that the applicant operated under market economy condi-
tions (2);