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Case T-643/11: Judgment of the General Court of 12 December 2014 — Crown Equipment (Suzhou) and Crown Gabelstapler v Council (Dumping — Imports of hand pallet trucks and their essential parts originating in China — Review — Article 11(2) of Regulation (EC) No 1225/2009 — Rights of defence — Error of fact — Manifest error of assessment — Obligation to state reasons)

ECLI:EU:UNKNOWN:62011TA0643

62011TA0643

December 12, 2014
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Official Journal of the European Union

C 46/44

(Case T-643/11) (<span class="super">1</span>)

((Dumping - Imports of hand pallet trucks and their essential parts originating in China - Review - Article 11(2) of Regulation (EC) No 1225/2009 - Rights of defence - Error of fact - Manifest error of assessment - Obligation to state reasons))

(2015/C 046/53)

Language of the case: English

Parties

Applicants: Crown Equipment (Suzhou) Co. Ltd (Suzhou, China); and Crown Gabelstapler GmbH & Co. KG (Roding, Germany) (represented by: K. Neuhaus, H.-J. Freund and B. Ecker, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, Agent, and initially by G. Berrisch and A. Polcyn, and subsequently by A. Polcyn and D. Gerardin, lawyers)

Intervener in support of the defendant: European Commission (represented by: J.-F. Brakeland, M. França and A. Stobiecka-Kuik, Agents)

Re:

Action for the annulment of Council Implementing Regulation (EU) No 1008/2011 of 10 October 2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China as extended to imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (OJ 2011 L 268, p. 1), in so far as that regulation concerns the applicants.

Operative part of the judgment

The Court:

1)Dismisses the action;

2)Orders Crown Equipment (Suzhou) Co. Ltd and Crown Gabelstapler GmbH & Co. KG to bear their own costs and to pay four fifths of those incurred by the Council of the European Union;

3)Orders the Council to bear one fifth of its own costs;

4)Orders the European Commission to bear its own costs.

(<span class="super">1</span>) OJ C 49, 18.2.2012.

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