5.5.2012

Official Journal of the European Union

C 133/21

(Case T-113/06) (<span class="super">1</span>)

(Dumping - Imports of salmon originating in Norway - Definition of the Community industry - Like product - Composition of the sample of Community producers)

2012/C 133/40

Language of the case: English

Parties

Applicants: Marine Harvest Norway AS, successor in law to Fjord Seafood Norway AS (Bergen, Norway) and Alsaker Fjordbruk AS (Onarheim, Norway) (represented by: J.M. Juuhl-Langseth and P. Dyrberg, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix and B. Driessen, acting as Agents, and by G. Berrisch, lawyer)

Intervener in support of the defendant: European Commission (represented: initially by P. Stancanelli and K. Talabér-Ritz, and subsequently by K. Talabér-Ritz, T. Scharf and H. van Vliet, acting as Agents, and by E. McGovern, Barrister)

Re:

Application for annulment of Council Regulation (EC) No 85/2006 of 17 January 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of farmed salmon originating in Norway (OJ 2006 L 15, p. 1)

Operative part of the judgment

The Court:

1.Annuls Council Regulation (EC) No 85/2006 of 17 January 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of farmed salmon originating in Norway in so far as it concerns Marine Harvest Norway AS, legal successor to Fjord Seafood Norway AS, for the anti-dumping duties applied to imports originating from the latter until 18 September 2007, and Alsaker Fjordbruk AS;

2.Dismisses the action as to the remainder;

3.Orders the Council of the European Union to bear its own costs and to pay those of Marine Harvest Norway, legal successor to Fjord Seafood Norway, and Alsaker Fjordbruk;

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

(<span class="super">1</span>) OJ C 131, 3.6.2006.