CELEX: 62007TN0469
Language: en
Date: 2007-12-21 00:00:00
Title: Case T-469/07: Action brought on 21 December 2007 — Philips Lighting Poland and Philips Lighting v Council

23.2.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 51/53
            
         Action brought on 21 December 2007 — Philips Lighting Poland and Philips Lighting v Council
   (Case T-469/07)
   (2008/C 51/97)
   Language of the case: English
   Parties
   
      Applicants: Philips Lighting Poland S.A. (Pila, Poland) and Philips Lighting BV (Eindhoven, Netherlands) (represented by: M. L. Catrain González, lawyer, and E. Wright, Barrister)
   
      Defendant: Council of the European Union
   Form of order sought
   
               —
            
            
               Annul the contested regulation in its entirety or in so far as it affects the applicants;
            
         
               —
            
            
               order the Council to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   The applicants, who are producers of integrated fluorescent lamps (CFL-i) in the Community, seek the annulment of Council Regulation (EC) No 1205/2007 of 15 October 2007 imposing anti-dumping duties on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and extending to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines (1).
   In support of their application, the applicants submit that the Council violated Articles 3(1), 9(4) and 11(2) of the Basic Regulation (2) by imposing anti-dumping duties where it has not been demonstrated that the expiry of the measures would be likely to lead to a continuation or recurrence of injury to the Community industry.
   The applicants further allege that the Council committed an error of law in relying on Article 9(1) of the Basic Regulation in a situation that does not fall within the scope of that article, as the complaint leading to the investigation had not been withdrawn.
   Finally, the applicants invoke a violation of Article 253 EC in that the contested regulation is inadequately reasoned in respect of the level of support from Community producers and the conclusion on Community interest.
   
      (1)  OJ 2007 L 272, 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).