# Arrêt du Tribunal

1..
: Common commercial policy – Protection against dumping – Expiry review procedure – Retention of a measure – Conditions – Existence of a Community interest

2..
: Common commercial policy – Protection against dumping – Assessment of the Community interest – Scope of the duty to state reasons – Judicial review – Limits

3..
: Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Taking account of evidence from sources other than those referred to in Article 21(2) of the basic regulation on anti-dumping – Whether permitted

4..
: Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Need to reassess the various interests involved

5..
: Common commercial policy – Protection against dumping – Expiry review procedure – Commission's discretion – Assessment of the Community interest – Taking account of data relating to the period prior to the introduction of the anti-dumping measures – Whether permitted

6..
: Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Sending questionnaires – Taking account of replies sent after the expiry of the deadline – Whether permitted

7..
: Common commercial policy – Protection against dumping – Adoption of measures or expiry review procedure – Assessment of the Community interest – Criteria for assessing whether the information provided by users is representative

8..
: Procedure – Measures of inquiry – Request for production of a document – Commission's internal documents – Disclosure excluded except in exceptional circumstances – Burden of proof falling on the applicant – Application to the report sent by the Commission to the Advisory Committee under Article 21(5) of Regulation No 384/96

9..
: Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Taking account of the opinions of users even where uncorroborated – Whether permitted

10..
: Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Duty to hold a meeting for an exchange of views between the parties – No duty

11..
: Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Requirement to take account of the cumulative effect of anti-dumping measures

1.
:

2.
:

3.
:

4.
:

5.
:

6.
:

7.
:

8.
:

9.
:

10.
:

11.
:

«(Dumping – Decision terminating an expiry review – Community interest – Action for annulment)»

| | Judgment of the Court of First Instance (Second Chamber, Extended Composition), 8 July 2003 |
| --- | --- |

Summary of the Judgment

1..
  Common commercial policy – Protection against dumping – Expiry review procedure – Retention of a measure – Conditions – Existence of a Community interest (Council Regulation No 384/96, Arts 9(4), 11(2), (5) and (9), and 21)

2..
  Common commercial policy – Protection against dumping – Assessment of the Community interest – Scope of the duty to state reasons – Judicial review – Limits (Council Regulation No 384/96, Art. 21)

3..
  Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Taking account of evidence from sources other than those referred to in Article 21(2) of the basic regulation on anti-dumping – Whether permitted (Council Regulation No 384/96, Art. 21(2))

4..
  Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Need to reassess the various interests involved (Council Regulation No 384/96, Art. 21)

5..
  Common commercial policy – Protection against dumping – Expiry review procedure – Commission's discretion – Assessment of the Community interest – Taking account of data relating to the period prior to the introduction of the anti-dumping measures – Whether permitted (Council Regulation No 384/96, Art. 21)

6..
  Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Sending questionnaires – Taking account of replies sent after the expiry of the deadline – Whether permitted (Council Regulation No 384/96, Art. 21(2) to (5))

7..
  Common commercial policy – Protection against dumping – Adoption of measures or expiry review procedure – Assessment of the Community interest – Criteria for assessing whether the information provided by users is representative (Council Regulation No 384/96, Art. 21(5))

8..
  Procedure – Measures of inquiry – Request for production of a document – Commission's internal documents – Disclosure excluded except in exceptional circumstances – Burden of proof falling on the applicant – Application to the report sent by the Commission to the Advisory Committee under Article 21(5) of Regulation No 384/96 (Rules of Procedure of the Court of First Instance, Art. 65(b); Council Regulation No 384/96, Art. 21(5))

9..
  Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Taking account of the opinions of users even where uncorroborated – Whether permitted (Council Regulation No 384/96, Art. 21(7))

10..
  Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Duty to hold a meeting for an exchange of views between the parties – No duty (Council Regulation No 384/96, Arts 6(6), and 21(3), (4) and (6))

11..
  Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Requirement to take account of the cumulative effect of anti-dumping measures (Council Regulation No 384/96, Art. 21)

JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber, Extended Composition)8 July 2003 (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber, Extended Composition)8 July 2003 (1)

((Dumping – Decision terminating an expiry review – Community interest - Action for annulment))

applicants,

intervener,

v

defendant,

interveners,

gives the following

─
:

─
:

─
:

─
:

─
:

─
:

─
:

─
:

─
:

─
:

─
:

─
:

─
:

─
:

On those grounds,

Forwood

Pirrung

Mengozzi

Meij

Vilaras

H. Jung

N.J. Forwood

Registrar

President

---

1 –

  Language of the case: French.

1 –
: Language of the case: French.