CELEX: C2006/074/55
Language: en
Date: 2006-03-25 00:00:00
Title: Case T-17/06: Action brought on  23 January 2006  — Giant (China) v Council

25.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 74/29
            
         Action brought on 23 January 2006 — Giant (China) v Council
   (Case T-17/06)
   (2006/C 74/55)
   Language of the case: English
   Parties
   
      Applicant: Giant (China) Co., Ltd (Kunshan City, China) [represented by: P. De Baere, lawyer]
   
      Defendant: Council of the European Union
   Form of order sought
   
               —
            
            
               Annul Council Regulation (EC) No 1892/2005 (1) of 14 November 2005 terminating the partial interim review of the anti-dumping measures applicable to imports of bicycles originating in the People's Republic of china, insofar as
               
                           —
                        
                        
                           it rejects the applicant's market economy status (‘MES’) claim;
                        
                     
                           —
                        
                        
                           it violates Article 253 EC inasmuch as it fails to state the reasons for which the applicant's MES claim was rejected; and
                        
                     
                           —
                        
                        
                           it breaches the WTO law by applying post factum market economy criteria to Chinese exporting producers ion some EC Member States; and
                        
                     
         
               —
            
            
               order the Council to bear the costs of these proceedings.
            
         Pleas in law and main arguments
   The applicant, a limited company incorporated under Chinese law, mainly produces bicycles and parts thereof, exporting to the Community. It contests Regulation 1892/2005 which terminated the partial interim review of the anti-dumping measures applicable on imports of bicycles originating in the People's Republic of China.
   In support of its application, the applicant invokes first of all the same allegations of violation of Council Regulation 384/96 (‘the basic regulation’) and of Article 253 EC it had previously invoked in the context of Case T-372/05 (2).
   The applicant further alleges that the contested Regulation breaches World Trade Organisation (‘WTO’) law in that it applies market economy criteria to Chinese exporters in five Member States whose anti-dumping legislation did not provide for such criteria at the time of China's accession to the WTO.
   
      (1)  OJ L 302, 19/11/2005, p. 22.
   
      (2)  OJ C 315, 10/12/2005, p. 17.