Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008.

Data

Court: General Court

Case date: 10 september 2008

Uitspraak

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – JSC Kirovo-Chepetsky Khimichesky Kombinat v Council

(Case T-348/05)

Dumping − Imports of ammonium nitrate originating in Russia and Ukraine − Amendment of the definition of the product concerned − Application of existing measures to new product types

Common commercial policy – Protection against dumping – Review procedure – Modification of the definition of the product concerned by existing measures – Incorporation of the product concerned into new products – Applicability of existing measures to the new products – None – Need to open a new investigation (Council Regulation No 384/96, Arts 1, 5, 11(3) and 13) (see paras 61-64, 66, 68-70)

Re:

ACTION for annulment of Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2005 L 160, p. 1).

Operative part

The Court:

1.

Annuls Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96;

2.

Orders the Council to bear its own costs and those incurred by JSC Kirovo‑Chepetsky Khimichesky Kombinat;

3.

Orders the Commission to bear its own costs.