Joined Cases C-248/15 P, C-254/15 P and C-260/15 P: Judgment of the Court (Fourth Chamber) of 26 January 2017 — Maxcom Ltd, City Cycle Industries, Council of the European Union, European Commission (Appeal — Dumping — Implementing Regulation (EU) No 501/2013 — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Article 18 — Lack of cooperation — Evidence — Body of consistent evidence — Contradictory reasoning — Inadequate statement of reasons — Breach of procedural rights)
Date: 2017-01-26
Institutions: Court of Justice
Subjects: China, Indonesia, Malaysia, Sri Lanka, Tunisia, anti-dumping duty, import (EU), originating product, two-wheeled vehicle








C_2017104EN.01001401.xml










3.4.2017   


EN


Official Journal of the European Union


C 104/14





Judgment of the Court (Fourth Chamber) of 26 January 2017 — Maxcom Ltd, City Cycle Industries, Council of the European Union, European Commission
(Joined Cases C-248/15 P, C-254/15 P and C-260/15 P) (1)

((Appeal - Dumping - Implementing Regulation (EU) No 501/2013 - Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia - Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China - Regulation (EC) No 1225/2009 - Article 13 - Circumvention - Article 18 - Lack of cooperation - Evidence - Body of consistent evidence - Contradictory reasoning - Inadequate statement of reasons - Breach of procedural rights))
(2017/C 104/21)
Language of the case: English

Parties


(Case C-248/15 P)


Appellant: Maxcom Ltd (represented by: L. Ruessmann, avocat, and J. Beck, Solicitor)

Other parties to the proceedings: City Cycle Industries (represented by: T. Müller-Ibold, Rechtsanwalt, and F.-C. Laprévote, avocat), Council of the European Union (represented initially by: S. Boelaert, and subsequently by H. Marcos Fraile and B. Driessen, acting as Agents, and by R. Bierwagen and C. Hipp, Rechtsanwälte), European Commission (represented by: J.-F. Brakeland and M. França, acting as Agents)

(Case C-254/15 P)


Appellant: European Commission (represented by: J.-F. Brakeland and M. França, acting as Agents)

Other parties to the proceedings: City Cycle Industries (represented by: T. Müller-Ibold, Rechtsanwalt, and F.-C. Laprévote, avocat), Council of the European Union (represented initially by: S. Boelaert, and subsequently by H. Marcos Fraile and B. Driessen, acting as Agents, and by R. Bierwagen and C. Hipp, Rechtsanwälte), Maxcom Ltd (represented by: L. Ruessmann, avocat, and J. Beck, Solicitor)

(Case C-260/15 P)


Appellant: Council of the European Union (represented initially by: S. Boelaert, and subsequently by H. Marcos Fraile and B. Driessen, acting as Agents, and by R. Bierwagen and C. Hipp, Rechtsanwälte)

Other parties to the proceedings: City Cycle Industries (represented by: T. Müller-Ibold, Rechtsanwalt, and F.-C. Laprévote, avocat), European Commission (represented by: J.-F. Brakeland and M. França, acting as Agents), Maxcom Ltd (represented by: L. Ruessmann, avocat, and J. Beck, Solicitor)

Operative part of the judgment

The Court:






1.


Dismisses the appeals in Cases C-248/15 P, C-254/15 P and C-260/15 P;










2.


Orders Maxcom Ltd, the Council of the European Union and the European Commission to bear their own costs and to pay the costs incurred by City Cycle Industries in relation to both the proceedings at first instance in Case T-413/13 and the appeal proceedings.






(1)  OJ C 262, 10.8.2015.

OJ C 254, 3.8.2015.