Orders nº T-190/08 of Court of First Instance of the European Communities, May 12, 2009

• Resolution Date: May 12, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-190/08

(Actions for annulment – Period allowed for commencing proceedings – Partial inadmissibility – Intervention)

In Case T‑190/08,

Chelyabinsk electrometallurgical integrated plant OAO (CHEMK), established in Chelyabinsk (Russia),

Kuzneckie ferrosplavy OAO (KF), established in Novokuznetsk (Russia),

represented by P. Vander Schueren, lawyer,

applicants,

v

Council of the European Union, represented by J.-P. Hix, acting as Agent, G. Berrisch and G. Wolf, lawyers,

and

Commission of the European Communities, represented by H. van Vliet and K. Talabér‑Ritz, acting as Agents,

defendants,

ACTION for annulment in part of Council Regulation (EC) No 172/2008 of 25 February 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2008 L 55, p. 6), and, in the alternative, an action for annulment of the Commission decision of 28 February 2008 rejecting the applicants’ request for the suspension of anti-dumping duties,

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber),

composed of I. Pelikánová, President, K. Jürimäe (Rapporteur) and S. Soldevila Fragoso, Judges,

Registrar: E. Coulon,

makes the following

Order

Background to the dispute

1 The applicants, Chelyabinsk electrometallurgical integrated plant OAO (CHEMK) and Kuzneckie ferrosplavy OAO (KF), are Russian companies which produce ferro-silicon.

2 Following a complaint lodged on 16 October 2006 by the liaison committee for ferro-alloy industries (Euroalliages), the Commission initiated anti-dumping proceedings relating to imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia, pursuant to Article 5 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), as amended by Council Regulation (EC) No 2117/2005 of 21 December 2005 (OJ 2005 L 340, p. 17) (‘the basic regulation’).

3 On 28 August 2007, the Commission adopted Regulation (EC) No 994/2007 imposing a provisional anti-dumping duty on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2007 L 223, p. 1).

4 On 8 February 2008, the applicants lodged a request with the Commission for suspension of the intended anti-dumping measures, pursuant to Article 14(4) of the basic regulation.

5 On 25 February 2008, the Council adopted Regulation (EC) No 172/2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2008 L 55, p...