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Case T-314/06: Judgment of the General Court of 13 September 2010 — Whirlpool Europe v Council (Dumping — Imports of certain combined refrigerator-freezers originating in South Korea — Definition of the product concerned — Rights of the defence — Advisory Committee — Duty to state reasons — Choice of the method used to define the product concerned — Article 15(2) and Article 20(5) of Regulation (EC) No 384/96 (now Article 15(2) and Article 20(5) of Regulation (EC) No 1225/2009))

ECLI:EU:UNKNOWN:62006TA0314

62006TA0314

September 13, 2010
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Official Journal of the European Union

C 301/23

(Case T-314/06) (<span class="super">1</span>)

(Dumping - Imports of certain combined refrigerator-freezers originating in South Korea - Definition of the product concerned - Rights of the defence - Advisory Committee - Duty to state reasons - Choice of the method used to define the product concerned - Article 15(2) and Article 20(5) of Regulation (EC) No 384/96 (now Article 15(2) and Article 20(5) of Regulation (EC) No 1225/2009))

2010/C 301/35

Language of the case: English

Parties

Applicant: Whirlpool Europe Srl (Comerio, Italy) (represented by: M. Bronckers and F. Louis, lawyers)

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

Interveners in support of the applicant: Italian Republic (represented by: G. Albenzio, lawyer), and European Committee of Domestic Equipment Manufacturers (CECED), (Brussels, Belgium) (represented by: Y. Desmedt and A. Verheyden, lawyers)

Interveners in support of the defendant: European Commission (represented by: H. van Vliet and T. Scharf, Agents) and LG Electronics, Inc. (Seoul, South Korea) (represented initially by: L. Ruessmann and P. Hecker, and subsequently by L. Ruessmann and A. Willems, lawyers)

Re:

Application for the annulment in part of Council Regulation (EC) No 1289/2006 of 25 August 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain side-by-side refrigerators originating in the Republic of Korea (OJ 2006 L 236, p. 11)

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Whirlpool Europe Srl to bear its own costs and to pay those incurred by the Council of the European Union and LG Electronics, Inc.;

3.Orders the Italian Republic, the European Commission and the European Committee of Domestic Equipment Manufacturers (CECED) to bear their own costs.

(<span class="super">1</span>) OJ C 326, 30.12.2006.

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