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Case C-511/09 P: Judgment of the Court (Third Chamber) of 27 October 2011 — Dongguan Nanzha Leco Stationery Mfg. Co., Ltd v Council of the European Union, European Commission, IML Industria Meccanica Lombarda Srl (Appeal — Dumping — Imports of lever arch mechanisms originating in China — Regulation (EC) No 1136/2006 — Determination of the dumping margin — Comparison between the normal value and the export price — Regulation (EC) No 384/96 — Article 2(7)(a) and 2(10))

ECLI:EU:UNKNOWN:62009CA0511

62009CA0511

October 27, 2011
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17.12.2011

Official Journal of the European Union

C 370/10

(Case C-511/09 P) (<span class="super">1</span>)

(Appeal - Dumping - Imports of lever arch mechanisms originating in China - Regulation (EC) No 1136/2006 - Determination of the dumping margin - Comparison between the normal value and the export price - Regulation (EC) No 384/96 - Article 2(7)(a) and 2(10))

2011/C 370/14

Language of the case: English

Parties

Appellant: Dongguan Nanzha Leco Stationery Mfg. Co., Ltd (represented by: P. Bentley QC)

Other parties to the proceedings: Council of the European Union (represented by: J.-P. Hix and B. Driessen, acting as Agents, assisted by G. Berrisch, Rechtsanwalt), European Commission (represented by H. van Vliet and C. Clyne, acting as Agents), IML Industria Meccanica Lombarda Srl (R. Bierwagen, Rechtsanwalt)

Re:

Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 in Case T-296/06 Dongguan Nanzha Leco Stationery Mfg. Co., Ltd v Council, by which it dismissed an application for partial annulment of Council Regulation (EC) No 1136/2006 of 24 July 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People’s Republic of China (OJ 2006 L 205, p. 1) — Determination of the dumping margin

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Dongguan Nanzha Leco Stationery Mfg. Co., Ltd to pay, in addition to its own costs, those incurred by the Council of the European Union and by IML Industria Meccanica Lombarda Srl;

3.Orders the European Commission to bear its own costs.

(<span class="super">1</span>) OJ C 37, 13.2.2010.

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