CELEX: 62007TJ0001
Language: en
Date: 2009-12-09 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 9 December 2009.#Apache Footwear Ltd and Apache II Footwear Ltd (Qingxin) v Council of the European Union.#Dumping - Imports of footwear with uppers of leather originating in China and Vietnam - Market economy status - Community interest.#Case T-1/07.

Judgment of the General Court (Eighth Chamber) of 9 December 2009 – Apache Footwear and Apache II Footwear v Council
      (Case T-1/07)
      Dumping – Imports of footwear with uppers of leather originating in China and Vietnam – Market economy status – Community interest
      1.                     Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Imports from
            countries not having a market economy as referred to inArticle 2(7)(b) of Regulation No 384/96 – Application of rules relating to countries with a market economy – Application reserved
            for producers satisfying the cumulative conditions set out in Article 2(7)(c) of Regulation No 384/96 – Group of companies
            (Council Regulation No 384/96, Art. 2(7)) (see paras 84-85)
      2.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Regulations imposing anti-dumping duties (Art. 253
            EC) (see para. 96)
      3.                     Common commercial policy – Protection against dumping – Discretion of the institutions – Judicial review – Limits (see paras
            111-112)
      Re:
      
         
               APPLICATION for partial annulment of Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping
                  duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating
                  in the People’s Republic of China and Vietnam (OJ 2006 L 275, p. 1), in so far as it concerns the applicants.
               
            Operative part: 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Apache Footwear Ltd and Apache II Footwear Ltd (Qingxin) to bear their own costs as well as those incurred by the Council
                     of the European Union;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the European Commission, the Confédération européenne de l’industrie de la chaussure (CEC), BA.LA. di Lanciotti Vittorio & C.
                     Sas and the 16 other interveners whose names are listed in the Annex to bear their own costs.