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16.5.2009 |
EN |
Official Journal of the European Union |
C 113/30 |
Judgment of the Court of First Instance of 18 March 2009 — Shanghai Excell M&E Enterprise and Shanghai Adeptech Precision v Council
(Case T-299/05) (1)
(Dumping - Imports of certain electronic weighing scales originating in China - Market economy status - Article 2(7)(a) and (c), Article 2(10), and Article 11(9) of Regulation (EC) No 384/96)
2009/C 113/61
Language of the case: English
Parties
Applicants: Shanghai Excell M&E Enterprise Co. Ltd (Shanghai, China) and Shanghai Adeptech Precision Co. Ltd (Huaxin Town, China) (represented by: R. MacLean, Solicitor, and E. Gybels, lawyer)
Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer)
Intervener in support of the defendant: Commission of the European Communities (represented initially by: K. Talabér-Ritz and E. Righini, and subsequently by H. van Vliet and K. Talabér-Ritz, acting as Agents)
Re:
Action for annulment of Articles 1 and 2 of Council Regulation (EC) No 692/2005 of 28 April 2005 amending Regulation (EC) No 2605/2000 imposing definitive anti-dumping duties on imports of certain electronic weighing scales (REWS) originating, inter alia, in the People’s Republic of China (OJ 2005 L 112, p. 1).
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Shanghai Excell M&E Enterprise Co. Ltd and Shanghai Adeptech Precision Co. Ltd to bear their own costs and to pay those incurred by the Council; |
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3. |
Orders the Commission to bear its own costs. |