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Case T-460/14: Judgment of the General Court of 14 December 2017 — AETMD v Council (Dumping — Prepared or preserved sweetcorn in kernels originating in Thailand — Partial interim review — Amendment of the definitive anti-dumping duty — Association representing EU producers — Infringement of procedural rights — Rights of the defence)
ECLI:EU:UNKNOWN:62014TA0460
62014TA0460
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5.2.2018
Official Journal of the European Union
C 42/10
(Case T-460/14) (<span class="super note-tag">1</span>)
((Dumping - Prepared or preserved sweetcorn in kernels originating in Thailand - Partial interim review - Amendment of the definitive anti-dumping duty - Association representing EU producers - Infringement of procedural rights - Rights of the defence))
(2018/C 042/13)
Language of the case: English
Parties
Applicant: Association européenne des transformateurs de maïs doux (AETMD) (Paris, France) (represented initially by: A. Willems, S. De Knop and J. Charles, and subsequently by: A. Willems, S. De Knop and C. Zimmerman, lawyers)
Defendant: Council of the European Union (represented by: S. Boelaert, acting as Agent, S. Gubel, lawyer, and B. O'Connor, Solicitor)
Interveners in support of the defendant: European Commission (represented by: J.-F. Brakeland, A. Stobiecka-Kuik and A. Demeneix, acting as Agents) and River Kwai International Food Industry Co. Ltd (Kaeng Sian, Thailand) (represented by: J. Cornelis and F. Graafsma, lawyers)
Re:
Application on the basis of Article 263 TFEU seeking the annulment of Council Implementing Regulation (EU) No 307/2014 of 24 March 2014 amending Implementing Regulation (EU) No 875/2013 imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand following an interim review pursuant of Article 11(3) of Regulation (EC) No 1225/2009 (OJ 2014 L 91, p. 1).
Operative part of the judgment
The Court:
1.Annuls Council Implementing Regulation (EU) No 307/2014 of 24 March 2014 amending Implementing Regulation (EU) No 875/2013 imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand following an interim review pursuant of Article 11(3) of Regulation (EC) No 1225/2009;
2.Dismisses the remainder of the action;
3.Orders the Council of the European Union to bear its own costs and to pay the costs incurred by the Association européenne des transformateurs de maïs doux (AETMD);
4.Orders the European Commission and River Kwai International Food Industry Co. Ltd to bear their own costs.
(<span class="super">1</span>) OJ C 303, 8.9.2014.