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Case T-170/09: Judgment of the General Court of 10 October 2012 — Shanghai Biaowu High-Tensile Fasteners and Shanghai Prime Machinery v Council (Dumping — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adopting the decision on that treatment — Principle of sound administration — Burden of proof — Obligation to state the reasons on which the decision is based — Article 2(7)(b) and (c) and (10) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) and (10) of Regulation (EC) No 1225/2009))
ECLI:EU:UNKNOWN:62009TA0170
62009TA0170
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24.11.2012
Official Journal of the European Union
C 366/30
(Case T-170/09)(<span class="super">1</span>)
(Dumping - Imports of certain iron or steel fasteners originating in China - Market economy treatment - Time-limit for adopting the decision on that treatment - Principle of sound administration - Burden of proof - Obligation to state the reasons on which the decision is based - Article 2(7)(b) and (c) and (10) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) and (10) of Regulation (EC) No 1225/2009))
2012/C 366/56
Language of the case: English
Parties
Applicants: Shanghai Biaowu High-Tensile Fasteners Co. Ltd (Baoshan, China) and Shanghai Prime Machinery Co. Ltd (Shanghai, China) (represented: initially by K. Adamantopoulos and Y. Melin, and subsequently by Melin, V. Akritidis and F. Crespo, lawyers)
Defendant: Council of the European Union (represented: initially by J.-P. Hix, acting as Agent, assisted by G. Berrisch and G. Wolf, lawyers, and subsequently by J.-P. Hix and B. Driessen, acting as Agents, assisted by Berrisch, lawyer)
Interveners in support of the defendant: European Commission (represented by: H. van Vliet and C. Clyne, acting as Agents) and European Industrial Fasteners Institute AISBL (EIFI) (Brussels (Belgium)) (represented: initially by J. Bourgeois, Y. van Gerven and E. Wäktare, and subsequently by Bourgeois, lawyers)
Re:
Application for the partial annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 29, p. 1).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Shanghai Biaowu High-Tensile Fasteners Co. Ltd and Shanghai Prime Machinery Co. Ltd to bear their own costs and to pay those of the Council of the European Union and of the European Industrial Fasteners Institute AISBL;
3.Orders the European Commission to bear its own costs.
(<span class="super">1</span>) OJ C 153, 4.7.2009.