CELEX: 62009TA0150
Language: en
Date: 2012-10-10 00:00:00
Title: Case T-150/09: Judgment of the General Court of 10 October 2012 — Ningbo Yonghong Fasteners v Council (Dumping — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adopting the decision on that treatment — Manifest error of assessment — Burden of proof — Adjustment to costs — Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (7)(b) and (c) of Regulation (EC) No 1225/2009))

24.11.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 366/29
            
         Judgment of the General Court of 10 October 2012 — Ningbo Yonghong Fasteners v Council
   (Case T-150/09) (1)
   
   (Dumping - Imports of certain iron or steel fasteners originating in China - Market economy treatment - Time-limit for adopting the decision on that treatment - Manifest error of assessment - Burden of proof - Adjustment to costs - Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (7)(b) and (c) of Regulation (EC) No 1225/2009))
   2012/C 366/54
   Language of the case: English
   
      Parties
   
   
      Applicant: Ningbo Yonghong Fasteners Co. Ltd (Zhouhan, China) (represented by: F. Graafsma and J. Cornelis, lawyers)
   
      Defendant: Council of the European Union (represented: initially by J.-P. Hix, acting as Agent, assisted by G. Berrisch and G. Wolf, lawyers, and subsequently by J.-P. Hix and B. Driessen, acting as Agents, assisted by Berrisch)
   
      Interveners in support of the defendant: European Commission (represented by: H. van Vliet and C. Clyne, acting as Agents); and European Industrial Fasteners Institute AISBL (EIFI) (Brussels, Belgium) (represented: initially by J. Bourgeois, Y. van Gerven and E. Wäktare, and subsequently by Bourgeois, lawyers)
   
      Re:
   
   Application for annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 29, p. 1).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Ningbo Yonghong Fasteners Co. Ltd to bear its own costs and to pay those of the Council of the European Union and of the European Industrial Fasteners Institute AISBL;
            
         
               3.
            
            
               Orders the European Commission to bear its own costs.
            
         
      (1)  OJ C 141, 20.6.2009.