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Case T-425/13: Judgment of the General Court of 26 November 2015 — Giant (China) v Council (Dumping — Imports of bicycles originating in China — Interim review — Article 9(5) and Article 18 of Regulation (EC) No 1225/2009 — Individual treatment — Non-cooperation — Necessary information — Facts available — Related companies — Circumvention)
ECLI:EU:UNKNOWN:62013TA0425
62013TA0425
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Official Journal of the European Union
C 27/35
(Case T-425/13) (<span class="super">1</span>)
((Dumping - Imports of bicycles originating in China - Interim review - Article 9(5) and Article 18 of Regulation (EC) No 1225/2009 - Individual treatment - Non-cooperation - Necessary information - Facts available - Related companies - Circumvention))
(2016/C 027/40)
Language of the case: English
Parties
Applicant: Giant (China) Co. Ltd (Kunshan, China) (represented by: P. De Baere, lawyer)
Defendant: Council of the European Union (represented by: S. Boelaert, acting as Agent, B. O’Connor, Solicitor, and S. Gubel, lawyer)
Interveners in support of the defendant: European Commission (represented by: J.-F. Brakeland and M. França, acting as Agents) and European Bicycle Manufacturers Association (EBMA) (represented by: L. Ruessmann, lawyer, and J. Beck, Solicitor)
Re:
Application for annulment of Council Regulation (EU) No 502/2013 of 29 May 2013 amending Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ 2013 L 153, p. 17).
Operative part of the judgment
The Court:
1.Annuls Council Regulation (EU) No 502/2013 of 29 May 2013 amending Implementing Regulation (EU) No 990/2011 imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China following an interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 so far as it concerns Giant (China) Co. Ltd;
2.Orders the Council of the European Union to pay the costs of Giant (China) and to bear its own costs;
3.Orders the European Commission and the European Bicycle Manufacturers Association (EBMA) to bear their own costs.
(<span class="super">1</span>) OJ C 325, 9.11.2013.