According to the company, the Commission has breached the company’s right to be heard on the facts and findings before a decision is taken, as well as its rights to proportionality, objectivity and fairness. It claims that EU Trade Commissioner proposed provisional anti-dumping duties having neither informed the parties prior to the announcement, nor giving them an opportunity to respond.

The company’s statement added that the decision to introduce anti-dumping duties was based on erroneous facts and assumptions that could easily have been avoided if a sound administrative procedure had been followed. Similarly the Member States' advice with respect to the introduction of these anti-dumping measures may have been different in light of the relevant facts and proper consideration of the interests of all parties.

In addition, the anti-dumping measures that are to be imposed as of April 7 are completely disproportionate. The EU producers would gain €3.7 million while companies like Ferro Footwear, would lose as much as €150 million.

Ron Janssen, owner of Ferro Footwear B.V. said:

"We regret to have to take this step but the Commission's handling of this investigation leaves us with no alternative. Despite repetitive requests from the EU footwear industry for a careful examination of all the interests concerned, Commissioner Mandelson has gone over the line by publicly announcing his decision without informing the interested parties first. It is high time the Commission stops protecting a few footwear manufacturers by sacrificing the interests of the European footwear industry as a whole."