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Joined Cases T-407/06 and T-408/06: Judgment of the General Court of 4 March 2010 — Zhejiang Aokang Shoes and Wenzhou Taima Shoes v Council (Dumping — Imports of footwear with uppers of leather originating in China and Vietnam — Market economy treatment — Individual treatment — Sampling — Rights of the defence — Equal treatment — Injury — Legitimate expectations — Obligation to state the reasons on which the decision is based)

ECLI:EU:UNKNOWN:62006TA0407

62006TA0407

March 4, 2010
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Official Journal of the European Union

C 113/37

(Joined Cases T-407/06 and T-408/06) (<span class="super">1</span>)

(Dumping - Imports of footwear with uppers of leather originating in China and Vietnam - Market economy treatment - Individual treatment - Sampling - Rights of the defence - Equal treatment - Injury - Legitimate expectations - Obligation to state the reasons on which the decision is based)

2010/C 113/58

Language of the case: English

Parties

Applicants: Zhejiang Aokang Shoes Co., Ltd (Yongjia, China) (Case T-407/06) and Wenzhou Taima Shoes Co., Ltd (Wenzhou, China) (represented by: I. MacVay, Solicitor, R. Thompson QC, and K. Beal, Barrister)

Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer)

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and T. Scharf, acting as Agents); Confédération européenne de l’industrie de la chaussure (CEC) (Brussels, Belgium) (represented: initially by P. Vlaemminck, G. Zonnekeyn and S. Verhulst and subsequently by P. Vlaemminck and A. Hubert, lawyers); BA.LA. di Lanciotti Vittorio & C. Sas (Monte Urano, Italy) and the 16 other interveners listed in the Annex (represented by: G. Celona, P. Tabellini and C. Cavaliere, lawyers)

Re:

Applications for partial annulment of Council Regulation (EC) No 1472/2006 of 5 October 2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam (OJ 2006 L 275, p. 1), in so far as it concerns the applicants.

Operative part of the judgment

The Court:

1.Dismisses the actions;

2.Orders Zhejiang Aokang Shoes Co., Ltd and Wenzhou Taima Shoes Co., Ltd to bear their own costs as well as those incurred by the Council of the European Union;

3.Orders the European Commission, the Confédération européenne de l’industrie de la chaussure (CEC), BA.LA. di Lanciotti Vittorio & C. Sas and the 16 other interveners listed in the Annex to bear their own costs.

(<span class="super">1</span>) OJ C 42, 24.2.2007.

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