CELEX: 62012CA0013
Language: en
Date: 2013-11-28 00:00:00
Title: 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)

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.