CELEX: 62005TJ0348
Language: en
Date: 2008-09-10
Title: Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008.#JSC Kirovo-Chepetsky Khimichesky Kombinat v Council of the European Union.#Dumping - Imports of ammonium nitrate originating in Russia and Ukraine - Amendment of the definition of the product concerned - Application of existing measures to new product types.#Case T-348/05.

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – JSC Kirovo-Chepetsky Khimichesky Kombinat
            v Council
      (Case T-348/05)
      Dumping − Imports of ammonium nitrate originating in Russia and Ukraine − Amendment of the definition of the product concerned
         − Application of existing measures to new product types
      
      Common commercial policy – Protection against dumping – Review procedure – Modification of the definition of the product concerned by existing measures – Incorporation of the product concerned into new products – Applicability of existing measures to the new products – None – Need to open a new investigation (Council Regulation No 384/96, Arts 1, 5, 11(3) and 13) (see paras 61-64, 66, 68-70)
      Re: 
      
         
               ACTION for annulment of Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing
                  a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing
                  a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim
                  review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2005 L 160, p. 1).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Annuls Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping
                     duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping
                     duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article
                     11(3) of Regulation (EC) No 384/96;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Council to bear its own costs and those incurred by JSC Kirovo‑Chepetsky Khimichesky Kombinat;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the Commission to bear its own costs.