3.3.2012   

EN

Official Journal of the European Union

C 65/10

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Declare the appeal well-founded and set aside the Contested Judgment in its entirety, including the order on costs;

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Give in itself the final judgment on the matter, pursuant to Article 61 of the Statute of the Court of Justice, and annul the Contested Regulation (1) insofar as it affects the Appellants; and

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Order the Council to bear the costs incurred by the Appellants both at first instance and in connection with the present proceedings.

The Appellants submit that the General Court (i) distorted the clear sense of the relevant evidence and in any event did not adequately state reasons insofar as the construction of the export price by using a notional profit margin is concerned.

The Appellants also submit that the General Court (ii) erred in law when it found that the

Stabilization and Association Agreement between the EU and the FYROM provides grounds for lawful discrimination against the Appellants; (iii) erred in law in its assessment of the obligations stemming from Articles 6(7) and 8(4) of the Basic Anti-dumping Regulation (2) and in the assessment of the principle of rights of defence; (iv) erred in its assessment of the significance of procedural guarantees and of the relevant duties of the Institutions in the context of administrative proceedings in antidumping cases and (v) distorted the clear sense of the facts in relation to the undertaking offered by the Appellants and that offered by another producer, thus reaching a wrongful conclusion in this regard that affects the validity of the Contested Judgment.

Finally the Appellants submit that the General Court (vi) erred in its interpretation of Article 3(6) of the Basic Regulation and the methodology in determining the material injury of the Union Industry in antidumping cases; (vii) erred in its interpretation of causal link pursuant to Article 3(5) of the Basic Regulation and (viii) erred in its appreciation of the obligation imposed on the Institutions to state reasons insofar as the injury determination in antidumping cases is concerned.