CELEX: C2007/042/67
Language: en
Date: 2007-02-24 00:00:00
Title: Case T-407/06: Action brought on 21 December 2006 — Zhejiang Aokang Shoes v Council

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/38
            
         Action brought on 21 December 2006 — Zhejiang Aokang Shoes v Council
   (Case T-407/06)
   (2007/C 42/67)
   Language of the case: English
   Parties
   
      Applicant: Zhejiang Aokang Shoes Co., Ltd (Oubei, China) (represented by: I. MacVay, solicitor, R. Thompson, QC, and K. Beal, barrister)
   
      Defendant: Council of the European Union
   Form of order sought
   
               —
            
            
               The contested regulation be annulled in so far as it applies to the applicant;
            
         
               —
            
            
               the defendant meet the applicant's costs of these proceedings.
            
         Pleas in law and main arguments
   The applicant, who is a Chinese producer and exporter of leather footwear, seeks the annulment of Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People's Republic of China and Vietnam (1).
   In support of its application, the applicant invokes nine pleas in law of which the first five relate to the lack of competence, infringement of essential procedural requirements laid down in the Basic Regulation (2) and infringement of the principles of legitimate expectations, rights of defence and equal treatment.
   Furthermore, the applicant submits that there has been an erroneous and discriminatory calculation of the dumping margin applied to the applicant and that the contested regulation is vitiated by a manifest error of assessment in respect of the extent and duration of the injury relied on to justify the imposition of duties on the applicant.
   Moreover, the applicant contends that the Commission has infringed Article 20 of the Basic Regulation in failing to give proper disclosure to the applicant in respect of the radical change of the definitive measures proposed by the Commission between 7 July and 28 July 2006.
   Finally, the applicant alleges that the contested regulation infringes Article 2(10) of the Basic Regulation in respect of the need to make a ‘fair comparison’ between the export price and the normal value when assessing the dumping margin.
   
      (1)  OJ 2006 L 275, p. 1.
   
      (2)  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).