CELEX: 62008TA0107
Language: en
Date: 2011-11-30 00:00:00
Title: Case T-107/08: Judgment of the General Court of 30 November 2011 — Transnational Company ‘Kazchrome’ and ENRC Marketing v Council and Commission (Dumping — Imports of silico-manganese originating in China and Kazakhstan — Action for annulment — Export price — Comparison between export price and normal value — Calculation of the undercutting margin — Non-contractual liability)

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/48
            
         
      Judgment of the General Court of 30 November 2011 — Transnational Company ‘Kazchrome’ and ENRC Marketing v Council and Commission
      (Case T-107/08) (1)
      
      (Dumping - Imports of silico-manganese originating in China and Kazakhstan - Action for annulment - Export price - Comparison between export price and normal value - Calculation of the undercutting margin - Non-contractual liability)
      (2012/C 25/91)
      Language of the case: English
      
         Parties
      
      
         Applicants: Transnational Company ‘Kazchrome’ AO (Aktobe, Kazakhstan); and ENRC Marketing AG (Kloten, Switzerland) (represented initially by L. Ruessmann and A. Willems, and subsequently by A. Willems and S. De Knop, lawyers)
      
         Defendants: Council of the European Union (represented initially by J.-P. Hix, acting as Agent, and G. Berrisch and G. Wolf, lawyers, and subsequently by J.-P. Hix and B. Driessen, acting as Agents, and G. Berrisch, lawyer); and European Commission (represented by: H. van Vliet and K. Talabér-Ritz, acting as Agents)
      
         Intervener in support of the defendants: Euroalliages (Brussels, Belgium) (represented by: J. Bourgeois, Y. van Gerven and N. McNelis, lawyers)
      
         Re:
      
      Application, first, for annulment of Council Regulation (EC) No 1420/2007 of 4 December 2007 imposing a definitive anti-dumping duty on imports of silico-manganese originating in the People’s Republic of China and Kazakhstan and terminating the proceeding on imports of silico-manganese originating in Ukraine (OJ 2007 L 317, p. 5), in so far as it concerns imports of silico-manganese produced by Transnational Company ‘Kazchrome’ AO, and, second, for damages.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls Article 1 of Council Regulation (EC) No 1420/2007 of 4 December 2007 imposing a definitive anti-dumping duty on imports of silico-manganese originating in the People’s Republic of China and Kazakhstan and terminating the proceeding on imports of silico-manganese originating in Ukraine in so far as that article applies to imports of silico-manganese produced by Transnational Company ‘Kazchrome’ AO;
               
            
                  2.
               
               
                  Dismisses the action as to the remainder;
               
            
                  3.
               
               
                  Orders Transnational Company ‘Kazchrome’ and ENRC Marketing AG to bear half of their own costs and to bear the costs of the European Commission;
               
            
                  4.
               
               
                  Orders the Council of the European Union to bear half of the costs of Transnational Company ‘Kazchrome’ and ENRC Marketing, in addition to its own costs;
               
            
                  5.
               
               
                  Orders Euroalliages to bear its own costs.
               
            
         (1)  OJ C 116, 9.5.2008.