Order of the President of the Court of 18 May 2011 – Council v Zhejiang Xinan Chemical Industrial Group and Others
(Case C-337/09 P-R)
Appeal – Interlocutory proceedings – Application for interim measures – Suspensory effect of an appeal brought against a judgment of the General Court – Dumping – Imports of glyphosate originating in China – Review procedure – No need to adjudicate
Applications for interim measures – Suspension of operation of a measure – Judgment of the General Court against which an appeal has been lodged (Art. 278 TFEU; Statute of the Court of Justice, Art. 60; Council Regulations Nos 1683/2004 and 126/2010) (see points 39-49)
Re
| Appeal against the judgment of 17 June 2009 of the Court of First Instance (Fourth Chamber) in Case T‑498/04 | Zhejiang Xinan Chemical Industrial Group | v | Council | annulling, in so far as it concerns Zhejiang Xinan Chemical Industrial Group Co. Ltd., Article1 of Council Regulation (EC) No1683/2004 of 24September 2004 imposing a definitive anti-dumping duty on imports of glyphosate originating in the People’s Republic of China (OJ2004 L303, p.1) – Interpretation of Article2(7)(c) of Council Regulation (EC) No384/96 of 22December 1995 on protection against dumped imports from countries not members of the European Community (OJ1996 L56, p.1) – Status of undertaking operating under market economy conditions. |
Operative part
1. |
| There is no longer any need to adjudicate on Zhejiang Xinan Chemical Industrial Group Co. Ltd’s application for interim measures. |
2. |
| Costs are reserved. |