Case C-141/08 P: Judgment of the Court (First Chamber) of 1 October 2009 — Foshan Shunde Yongjian Housewares & Hardware Co. Ltd v Council of the European Union, Commission of the European Communities, Vale Mill (Rochdale) Ltd, Pirola SpA, Colombo New Scal SpA, Italian Republic (Appeals — Commercial policy — Dumping — Imports of ironing boards originating in China — Regulation (EC) No 384/96 — Articles 2(7)(c) and 20(4) and (5) — Market economy treatment — Rights of the defence — Anti-dumping investigation — Periods granted to undertakings to submit their representations)
Date: 2009-10-01
Institutions: Court of Justice
Subjects: China, Ukraine, anti-dumping duty, appeal, household article, import, market economy, originating product








C_2009282EN.01000902.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/9





Judgment of the Court (First Chamber) of 1 October 2009 — Foshan Shunde Yongjian Housewares & Hardware Co. Ltd v Council of the European Union, Commission of the European Communities, Vale Mill (Rochdale) Ltd, Pirola SpA, Colombo New Scal SpA, Italian Republic
(Case C-141/08 P) (1)

(Appeals - Commercial policy - Dumping - Imports of ironing boards originating in China - Regulation (EC) No 384/96 - Articles 2(7)(c) and 20(4) and (5) - Market economy treatment - Rights of the defence - Anti-dumping investigation - Periods granted to undertakings to submit their representations)
2009/C 282/16
Language of the case: French

Parties


Appellant: Foshan Shunde Yongjian Housewares & Hardware Co. Ltd (represented by: J.-F. Bellis, avocat, and G. Vallera, Barrister)

Other parties to the proceedings: Council of the European Union (represented by: J.-P. Hix, Agent, E. McGovern, Barrister, and B. O’Connor, Solicitor), Commission of the European Communities (represented by: H. van Vliet, T. Scharf and K. Talabér-Ritz, Agents), Vale Mill (Rochdale) Ltd, Pirola SpA, Colombo New Scal SpA (represented by: G. Berrisch and G. Wolf, Rechtsanwälte), the Italian Republic (represented by: R. Adam, Agent, and W. Ferrante, avvocato dello Stato)

Re:

Appeal against the judgment of the Court of First Instance (Sixth Chamber) of 29 January 2008 in Case T-206/07 Foshan Shunde Yongjian Housewares & Hardware v Council by which the Court of First Instance dismissed the action brought by the appellant for annulment of Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of China and Ukraine (OJ 2007 L 109, p. 12), inasmuch as it imposes an anti-dumping duty on imports of ironing boards manufactured by the appellant — Error of law as a result of the material inaccuracy of the findings made by the Court of First Instance and the absence of any penalty for the breach of the rights of the defence established by the Court of First Instance — Interpretation of Articles 2(7)(c) and 20(4) and (5) of 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) — Notion of an undertaking ‘operating in market economy conditions’ and scope of the minimum period of 10 days granted to an undertaking subject to an anti-dumping investigation to submit any representations

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the Court of First Instance of 29 January 2008 in Case T-206/07 Foshan Shunde Yongjian Housewares & Hardware v Council in so far as the Court of First Instance found that Foshan Shunde Yongjian Housewares & Hardware Co. Ltd’s rights of defence were not adversely affected by the infringement of Article 20(5) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community;










2.


Annuls Council Regulation (EC) No 452/2007 of 23 April 2007 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ironing boards originating in the People’s Republic of China and Ukraine, in so far as it imposes an anti-dumping duty on imports of ironing boards manufactured by Foshan Shunde Yongjian Housewares and Hardware Co. Ltd.;










3.


Orders the Council of the European Union to pay the cost of the proceedings at first instance and the appeal proceedings;










4.


Orders the Commission of the European Communities, Vale Mill (Rochdale) Ltd, Pirola SpA, Colombo New Scal SpA and the Italian Republic to bear their own costs.






(1)  OJ C 158, 21.6.2008.