Case T-537/08: Action brought on 9 December 2008 — Cixi Jiangnan Chemical Fiber and Others v Council
Date: 2008-12-09
Institutions: Court of First Instance
Subjects: Belarus, China, Council of the European Union, Malaysia, Saudi Arabia, South Korea, Taiwan, action for annulment (EU), anti-dumping legislation, anti-dumping measure

7.3.2009

EN

Official Journal of the European Union

C 55/29

The applicant puts forward two pleas in law in support of its
claims.

Defendant: Council of the European Union

submits

to justify different

treatment. The fact

The applicant
that by maintaining anti-dumping
measures with respect to imports of PSF originating in Korea
while the imports of PSF from Malaysia and Taiwan were not
subjected to anti-dumping measures the European institutions
violated the fundamental principle of non-discrimination. The
forward by the
applicant contests the three arguments put
Council
the
that
complaint in the case of PSF originating in Malaysia and Taiwan
was withdrawn and no definitive finding was made by the
Council cannot, in the applicant's opinion, justify the discrimi-
natory treatment of the case of PSF originating in Korea. The
applicant contests as well that the fact that the Community
interest test applied in the case of PSF originating in Malaysia
and Taiwan was different from the Community test applied in
the case of PSF originating in Korea could justify the discrimina-
tory treatment of the latter. The applicant further submits that,
contrary to Council's findings, the fact that different conclusions
regarding Community interest were reached in the investigations
concerning Malaysia and Taiwan, on the one hand, and Korea,
on the other hand, could neither justify the discriminatory treat-
ment.

The applicant further claims that the decision that termination
of anti-dumping measures on imports of PSF manufactured and
exported by the applicant is not justified on Community interest
grounds is vitiated by fundamental contradictions and incoher-
encies.

(1) OJ L 247, p. 1.
(2) 2007/430/EC: Commission Decision of 19 June 2007 terminating
the anti-dumping proceeding concerning imports of synthetic staple
fibres of polyesters (PSF) originating in Malaysia and Taiwan and
the provisional duties
releasing the amounts secured by way of
imposed (OJ L 160, p. 30).

Action brought on 9 December 2008 — Cixi Jiangnan
Chemical Fiber and Others v Council

(Case T-537/08)

(2009/C 55/54)

Language of the case: English

Parties

Applicant(s): Cixi Jiangnan Chemical Fiber Co. Ltd, Cixi Santai
Chemical Fiber Co. Ltd, Cixi Sansheng Chemical Fiber Co. Ltd,
Jiangyin Changlong Chemical Fibre Co. Ltd, Ningbo Dafa
Chemical Fiber Co. Ltd, Xiake Color Spinning Co. Ltd, Zhejiang
Waysun Chemical Fiber Co. Ltd, Zhejiang Anshun Pettechs Fibre
Co. Ltd (China) (represented by: J.-F. Bellis, lawyer, G. Vallera,
Barrister)

Form of order sought

— annul Council Regulation

(EC) No

893/2008

of
10 September 2008, maintaining the anti-dumping duties
on imports of polyester staple fibres originating in Belarus,
the People's Republic of China, Saudi Arabia and Korea
following a partial interim review pursuant to Article 11(3)
of Regulation (EC) No 384/96 (1), with retroactive effect as
of 29 December 2006, that is, the date on which imports of
polyester staple fibres originating in Taiwan and Malaysia
were subjected to provisional anti-dumping duties, which
the Commission decided not
in its Decision
No 2007/430/EC of 19 June 2007 (2);

to collect

— order the Council to bear the costs of these proceedings.

Pleas in law and main arguments

By means of this application the applicants, China-based compa-
nies, seek annulment of Council Regulation No 893/2008 main-
taining anti-dumping measures with respect to,
inter alia, the
imports of polyester staple fibres (PSF) manufactured by the
applicants and originating in China. The applicants submit that
the same treatment as was applied in Commission Decision
No 2007/430/EC to the PSF originating in Taiwan and Malaysia
should be applied to the PSF originating in China. Therefore, the
anti-dumping duty should be repealed as of the same date, i.e.
29 December 2006, with respect to the PSF originating in
China.

The pleas in law and main arguments put forward by the appli-
cants are identical to those relied on in case T-536/08, Huvis v
Council.

(1) OJ L 247, p. 1.
(2) 2007/430/EC: Commission Decision of 19 June 2007 terminating
the anti-dumping proceeding concerning imports of synthetic staple
fibres of polyesters (PSF) originating in Malaysia and Taiwan and
releasing the amounts secured by way of
the provisional duties
imposed (OJ L 160, p. 30).

Action brought on 9 December 2008 — Rewe-Zentral v
OHIM — Kodi Diskontläden (inéa)

(Case T-538/08)

(2009/C 55/55)

Language in which the application was lodged: German

Parties

Applicant: REWE-Zentral AG (Cologne, Germany) (represented
by M. Kinkeldey and A. Bognár, lawyers)