It said the Council of the EU and the EU Commission did not comply with certain procedural rules when the regulation was adopted.
On October 5, 2006, the Council of the EU adopted a regulation imposing an anti-dumping duty on certain leather footwear imported from China and Vietnam into the EU.
|Workers at Dong An Economic Investment and Development Company in Hanoi make shoes for export
The rate of the anti-dumping duty was set at 16.5% for footwear manufactured by companies established in China (with the exception of the company Golden Step, whose anti-dumping duty was set at 9.7%) and at 10% for footwear manufactured by companies established in Vietnam.
In 2010 and 2012, Puma, a German sports goods company, requested the Principal Customs Office, Nuremberg in Germany repayment of the anti-dumping duty with respect to importation of the same goods, again on the basis that the regulation was invalid. The sum concerned amounted to approximately EUR5.1 million (US$5.6 million). When its request was rejected, Puma brought an action before the Finance Court, Munich.
Both national courts had doubts to the regulation's validity and therefore decided to seek a ruling from the Court of Justice.