# C_2017277EN.01002201.xml

| 21.8.2017 | EN | Official Journal of the European Union | C 277/22 |
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21.8.2017

EN

Official Journal of the European Union

C 277/22

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Request for a preliminary ruling from the Commissione tributaria di primo grado di Bolzano (Italy) lodged on 21 April 2017 — Rotho Blaas Srl v Agenzia delle Dogane e dei Monopoli

(Case C-207/17)

(2017/C 277/32)

Language of the case: Italian

Referring court

Referring court

Commissione tributaria di primo grado di Bolzano

Parties to the main proceedings

Parties to the main proceedings

Applicant: Rotho Blaas Srl

Applicant:

Defendant: Agenzia delle Dogane e dei Monopoli

Defendant:

Questions referred

Questions referred

| 1. | Are Council Regulation (EC) No 91/2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (1) and Council Implementing Regulation (EU) No 924/2012 amending Regulation (EC) No 91/2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China, (2) and Commission Implementing Regulation (EU) 519/2015 of 26 March 2015 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China, as extended to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (3) invalid/unlawful/incompatible with Article VI of the General Agreement on Tariffs and Trade of 1994 and the decision of the WTO DSB of 28 July 2011? |
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1.

Are Council Regulation (EC) No 91/2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (1) and Council Implementing Regulation (EU) No 924/2012 amending Regulation (EC) No 91/2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China, (2) and Commission Implementing Regulation (EU) 519/2015 of 26 March 2015 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China, as extended to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 (3) invalid/unlawful/incompatible with Article VI of the General Agreement on Tariffs and Trade of 1994 and the decision of the WTO DSB of 28 July 2011?

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2

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| 2. | If Regulation (EC) No 91/2009 imposing an anti-dumping duty and related implementing regulations Nos 924/2012 and 519/2015 are declared invalid/unlawful/incompatible, does the repeal of the anti-dumping duties imposed on the basis of the contested measures produce legal effects from the time Implementing Regulation (EU) No 278/2016 (4) enters into force, or from the date on which the contested measure, that is to say, Basic Regulation (EC) No 91/2009, entered into force? |
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2.

If Regulation (EC) No 91/2009 imposing an anti-dumping duty and related implementing regulations Nos 924/2012 and 519/2015 are declared invalid/unlawful/incompatible, does the repeal of the anti-dumping duties imposed on the basis of the contested measures produce legal effects from the time Implementing Regulation (EU) No 278/2016 (4) enters into force, or from the date on which the contested measure, that is to say, Basic Regulation (EC) No 91/2009, entered into force?

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(1)  Council Regulation of 26 January 2009 (OJ 2009 L 29, p. 1).

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(2)  Council Regulation of 4 October 2012 (OJ 2012 L 275, p. 1).

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(3)  Commission Regulation of 26 March 2015 (OJ 2015 L 82, p. 78).

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(4)  Commission Implementing Regulation (EU) 2016/278 of 26 February 2016 repealing the definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the People's Republic of China, as extended to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ 2016 L 52, p. 24).

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