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Case T-122/09: Judgment of the General Court of 17 February 2011 — Zhejiang Xinshiji Foods and Hubei Xinshiji Foods v Council (Dumping — Imports of prepared or preserved citrus fruits originating in the People’s Republic of China — Rights of the defence — Obligation to state reasons — Principle of sound administration — Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 384/96 (now Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 1225/2009))
ECLI:EU:UNKNOWN:62009TA0122
62009TA0122
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Official Journal of the European Union
C 103/21
(Case T-122/09) (<span class="super">1</span>)
(Dumping - Imports of prepared or preserved citrus fruits originating in the People’s Republic of China - Rights of the defence - Obligation to state reasons - Principle of sound administration - Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 384/96 (now Article 15(2) and Article 20(4) and (5) of Regulation (EC) No 1225/2009))
2011/C 103/37
Language of the case: English
Parties
Applicants: Zhejiang Xinshiji Foods Co. Ltd (Liuao Town, Sanmen County, China) and Hubei Xinshiji Foods Co. Ltd (Dangyang City, China)) (represented by: F. Carlin, Barrister, A. MacGregor, Solicitor and N. Niejahr and Q. Azau, lawyers)
Defendant: Council of the European Union (represented by: J.-P. Hix and R. Szostak, Agents, assisted initially by G. Berrisch and G. Wolf, and subsequently by G. Berrisch, lawyers)
Intervener in support of the defendant: European Commission (represented by: H. van Vliet and C. Clyne, Agents)
Re:
Application for annulment of Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China (OJ 2008 L 350, p. 35) in so far as it concerns the applicants.
Operative part of the judgment
The Court:
1.Annuls Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins etc.) originating in the People’s Republic of China in so far as it concerns Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd;
2.Orders Zhejiang Xinshiji Foods and Hubei Xinshiji Foods to bear half of their own costs;
3.Orders the Council of the European Union to bear its own costs and to pay half of the costs incurred by Zhejiang Xinshiji Foods and Hubei Xinshiji Foods;
4.Orders the European Commission to bear its own costs.
(<span class="super">1</span>) OJ C 141, 20.6.2009.