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Case C-709/17 P: Judgment of the Court (Fourth Chamber) of 12 September 2019 — European Commission v Kolachi Raj Industrial (Private) Ltd, European Bicycle Manufacturers Association (Appeal – Dumping – Implementing regulation (EU) 2015/776 – Import of bicycles consigned from Cambodia, Pakistan and the Philippines – Extension to those imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China – Regulation (EC) No 1225/2009 – Article 13 – Circumvention – Assembly operations – Provenance and origin of bicycle parts – Parts consigned from China to Sri Lanka, worked in Sri Lanka and then consigned from Sri Lanka to Pakistan for assembly)
ECLI:EU:UNKNOWN:62017CA0709
62017CA0709
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11.11.2019
Official Journal of the European Union
C 383/14
(Case C-709/17 P) (<span class="super note-tag">1</span>)
(Appeal - Dumping - Implementing regulation (EU) 2015/776 - Import of bicycles consigned from Cambodia, Pakistan and the Philippines - Extension to those imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China - Regulation (EC) No 1225/2009 - Article 13 - Circumvention - Assembly operations - Provenance and origin of bicycle parts - Parts consigned from China to Sri Lanka, worked in Sri Lanka and then consigned from Sri Lanka to Pakistan for assembly)
(2019/C 383/13)
Language of the case: English
Parties
Appellant: European Commission (represented by: M. França, J.-F. Brakeland and A. Demeneix, Agents)
Other parties to the proceedings: Kolachi Raj Industrial (Private) Ltd (represented by: P. Bentley QC), European Bicycle Manufacturers Association, (represented by: J. Beck, Solicitor, and by L. Ruessmann, avocat)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 10 October 2017, Kolachi Raj Industrial v Commission (T-435/15, EU:T:2017:712);
2.Dismisses the action for annulment brought by Kolachi Raj Industrial (Private) Ltd;
3.Orders Kolachi Raj Industrial (Private) Ltd to bear its own costs and to pay the costs incurred by the European Commission and the European Bicycle Manufacturers Association (EBMA) in relation to both the proceedings at first instance and the appeal proceedings.
(<span class="note">1</span>) OJ C 112, 26.3.2018.