28.1.2012

Official Journal of the European Union

C 25/48

(Case T-107/08) (*)

(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.

(*)

Language of the case: English.

ECLI:EU:C:2012:140