Case C-13/12 P: Judgment of the Court (Second Chamber) of 28 November 2013 — Chelyabinsk Electrometallurgical Integrated Plant OAO (CHEMK), Kuzneckie Ferrosplavy OAO (KF) v Council of the European Union, European Commission (Appeal — Dumping — Regulation (EC) No 172/2008 — Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia — Regulation (EC) No 384/96 — Article 2(9) — Export price — Article 3(5) and (6) — Determination of injury — Article 6(7) — Investigation — Article 8(4) — Offer of undertakings — Non-confidential version — Article 20(1) — Disclosure — Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part)
Date: 2013-11-28
Institutions: Court of Justice
Subjects: China, Egypt, Kazakhstan, North Macedonia, Russia, disclosure of information, dumping, export price, ferro-alloy, import (EU), originating product, semi-metal








C_2014045EN.01000702.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/7





Judgment of the Court (Second Chamber) of 28 November 2013 — Chelyabinsk Electrometallurgical Integrated Plant OAO (CHEMK), Kuzneckie Ferrosplavy OAO (KF) v Council of the European Union, European Commission
(Case C-13/12 P) (1)

(Appeal - Dumping - Regulation (EC) No 172/2008 - Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia - Regulation (EC) No 384/96 - Article 2(9) - Export price - Article 3(5) and (6) - Determination of injury - Article 6(7) - Investigation - Article 8(4) - Offer of undertakings - Non-confidential version - Article 20(1) - Disclosure - Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part)
2014/C 45/13
Language of the case: English

Parties


Appellants: Chelyabinsk Electrometallurgical Integrated Plant OAO (CHEMK), Kuzneckie Ferrosplavy OAO (KF) (represented by: P. Vander Schueren, advocaat, and N. Mizulin, avocat)

Other parties to the proceedings: Council of the European Union (represented by: J.-P. Hix, Agent, assisted by G. Berrisch, Rechtsanwalt, and N. Chesaites, Barrister), European Commission (represented by H. van Vliet and M. França, Agents)

Re:

Appeal against the judgment of the General Court (Second Chamber) of 25 October 2011 in Case T-190/08 CHEMK and KF v Council, by which the General Court dismissed an application for partial annulment of Council Regulation (EC) No 172/2008 of 25 February 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2008 L 55, p. 6) and, in the alternative, annulment of the Commission decision of 28 February 2008 refusing the then applicants’ request for suspension of the anti-dumping measures introduced by the contested regulation.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Chelyabinsk Electrometallurgical Integrated Plant OAO (CHEMK) and Kuzneckie Ferrosplavy OAO (KF) to pay the costs of the present proceedings;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 65, 3.3.2012.