Appeal brought on 26 April 2011 by European Commission against the judgment of the General Court (Seventh Chamber) delivered on 17 February 2011 in Case T-122/09: Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd v Council of the European Union

(Case C-195/11 P)

2011/C 179/24

Language of the case: English

Parties

Appellant: European Commission (represented by: T. Maxian Rusche, H. van Vliet, Agents)

Other parties to the proceedings: Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd, Council of the European Union

Form of order sought

The appellant claims that the Court should:

Pleas in law and main arguments

Point 1 of the operative part of the contested judgment annuls Council regulation (EC) no 1355/2008 (1) insofar as it concerns Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd (‘the applicants’), thereby fully annulling the anti-dumping duty imposed, leading to a zero anti-dumping duty on imports by the applicants.

The Commission submits that the General Court has ruled ultra petita by fully annulling the duty even though the applicants themselves admit that the adjustment that they had been seeking would only have led to a lower anti-dumping duty being imposed on their products.

Therefore, in the view of the Commission, the operative part of the contested judgment violates article 264, first paragraph, in conjunction with article 254, sixth paragraph, of the TFEU and the principle of proportionality. The annulment of the whole regulation insofar as it concerns the applicants is disproportionate to the only ground for annulment which was accepted by the General Court. It is also ultra petita.

(1)  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 L 350, p. 35