Case C-511/09 P: Appeal brought on 4 December 2009 by Dongguan Nanzha Leco Stationery Mfg. Co., Ltd against the judgment of the Court of First Instance (Seventh Chamber) delivered on 23 September 2009 in Case T-296/06: Dongguan Nanzha Leco Stationery Mfg. Co., Ltd v Council of the European Union
Date: 2009-12-04
Institutions: Court of Justice
Subjects: China, Council of the European Union, General Court (EU), action for annulment (EU), anti-dumping duty, export price, import, office supplies, originating product, overheads








C_2010037EN.01002402.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/24





Appeal brought on 4 December 2009 by Dongguan Nanzha Leco Stationery Mfg. Co., Ltd against the judgment of the Court of First Instance (Seventh Chamber) delivered on 23 September 2009 in Case T-296/06: Dongguan Nanzha Leco Stationery Mfg. Co., Ltd v Council of the European Union
(Case C-511/09 P)
2010/C 37/30
Language of the case: English

Parties


Appellant: Dongguan Nanzha Leco Stationery Mfg. Co., Ltd (represented by: P. Bentley QC)

Other parties to the proceedings: Council of the European Union, European Commission, IML Industria Meccanica Lombarda Srl

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the Court of First Instance of 23 September 2009 in Case T-296/06, Dongguan Nanzha Leco Stationery Mfg., Co., Ltd. v Council of the European Union, in so far as it rejects the Appellant's first part of its first plea at first instance;










—


annul Council Regulation (EC) No 1136/2006 (1) in so far as it imposes an anti-dumping duty on LAMs produced by the Appellant in excess of the amount of duty that would be payable if the contested adjustment to the export price had not been made; and










—


order the Council to bear the costs of the present proceedings including the proceedings at first instance





Pleas in law and main arguments

The appellant submits that the contested judgment fails to give the correct legal effect to the notion of normal value as defined by Article 2(7)(a) of Council Regulation (EEC) No 384/96 (2), as amended, on the protection against dumped imports from countries not members of the European Community. As a result, the contested judgment draws the erroneous conclusion that the analogue normal value determined in accordance with that provision necessarily corresponds to the point where the relevant products leave the production line in China, even though the contested judgment itself finds that SG&A for both domestic and export sales are incurred not by the company in China, but by related companies in a market economy country, Hong Kong. This erroneous conclusion leads the contested judgment to infringe Article 2(10) of Council Regulation (EEC) No 384/96, as amended, by upholding the Institutions’ adjustment to the export price consisting in a deduction of the SG&A and profits of the related companies in Hong Kong.


(1)  Council Regulation (EC) No 1136/2006 of 24 July 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People's Republic of China
OJ L205 p.1

(2)  OJ L56, p.1