Order of the President of the Court of 17 October 2011 – Lück and Others v Council
(Case C-3/11 P(I))
Appeal – Intervention – Interest in the result of the case
1.Procedure – Intervention – Community law – Interest in the result of a case – Proceedings concerning the validity of a regulation imposing an anti-dumping duty – Necessary to establish a present, direct and certain interest (Art. 230 EC; Statute of the Court of Justice, Art. 40, second para.) (see paras 9-11, 13-19)
2.Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see paras 26-27)
3.Procedure – Intervention – Persons having an interest – Application to intervene made by a representative association in the sector concerned – Admissibility – Conditions (Statute of the Court of Justice, Art. 40, second para.) (see paras 28-29)
Re:
| Appeal brought against the order 14 December 2010 of the General Court (President of the Eighth Chamber) in Case T‑537/08 | Cixi Jiangnan Chemical Fiber and Others | v | Council | dismissing the appellant’s application for leave to intervene in an action for annulment in part of Council Regulation (EC) No 893/2008 of 10 September 2008 maintaining the anti-dumping duties on imports of polyester staple fibres originating in Belarus, the People’s Republic of China, Saudi Arabia and Korea following a partial, interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2008 L247, p.1). |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Lück GmbH & Co KG, Sandler AG and Gesamtverband der Deutschen Textil- und Modeindustrie eV are ordered to bear their own costs. |