Judgments nº T-296/06 of Court of First Instance of the European Communities, of September 23, 2009

In Case T-296/06,

Dongguan Nanzha Leco Stationery Mfg. Co., Ltd, established in Dongguan (China), represented by A. Bentley, QC,

applicant,

v

Council of the European Union, represented by J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer,

defendant,

supported by

Commission of the European Communities, represented by H. van Vliet and T. Scharf, acting as Agents,

and by

IML Industria Meccanica Lombarda Srl, established in Offanengo (Italy),

Interkov spol. s r.o., established in Bráník (Czech Republic),

MI.ME.CA. Srl, established in Ricengo (Italy),

NIKO - kovinarsko podjetje, d.d. -elezniki, established in -elezniki (Slovenia),

represented by R. Bierwagen, lawyer,

interveners,

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), in so far as it applies to the applicant,

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

composed of N.J. Forwood (Rapporteur), President, D. -váby and E. Moavero Milanesi, Judges,

Registrar: K. Poche-, Administrator,

having regard to the written procedure and further to the hearing on 19 February 2009,

gives the following

Judgment

 Legal context

1         The first subparagraph of Article 2(1) 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) (-the basic regulation-), as amended, provides:

-The normal value shall normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting country.-

2         According to Article 2(3) of the basic regulation:

-When there are no or insufficient sales of the like product in the ordinary course of trade, or where because of the particular market situation such sales do not permit a proper comparison, the n...

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