# C_2019155EN.01002801.xml

| 6.5.2019 | EN | Official Journal of the European Union | C 155/28 |
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6.5.2019

EN

Official Journal of the European Union

C 155/28

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Request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 11 February 2019 — Donex Shipping and Forwarding B.V., other party: Staatssecretaris van Financiën

(Case C-104/19)

(2019/C 155/34)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: Donex Shipping and Forwarding BV

Other party: Staatssecretaris van Financiën

Questions referred

| 1. | Is Regulation (EC) No 91/2009 (1) invalid in respect of an EU importer due to the infringement of Article 2(11) of Regulation (EC) No 384/96 (2) in so far as the Council, in determining the dumping margin for the relevant products of non-cooperating Chinese exporting producers, excluded the export transactions of certain types of the product from the comparison referred to in that article? |
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1.

Is Regulation (EC) No 91/2009 (1) invalid in respect of an EU importer due to the infringement of Article 2(11) of Regulation (EC) No 384/96 (2) in so far as the Council, in determining the dumping margin for the relevant products of non-cooperating Chinese exporting producers, excluded the export transactions of certain types of the product from the comparison referred to in that article?

| 2. | Is Regulation (EC) No 91/2009 invalid in respect of an EU importer due to the infringement of Article 2(10) of Regulation (EC) No 384/96 in so far as, in the context of calculating the magnitude of the dumping margin for the products concerned, the institutions of the Union refused to take into account, when comparing the normal value of the products of an Indian producer with the export prices of similar Chinese products, adjustments relating to import duties on raw materials and indirect taxes in the analogue country India and to differences in production (costs) and/or in so far as the institutions of the Union, during the investigation, did not provide cooperating Chinese exporting producers (in a timely manner) with all the data of the Indian producer with regard to the determination of the normal value? |
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2.

Is Regulation (EC) No 91/2009 invalid in respect of an EU importer due to the infringement of Article 2(10) of Regulation (EC) No 384/96 in so far as, in the context of calculating the magnitude of the dumping margin for the products concerned, the institutions of the Union refused to take into account, when comparing the normal value of the products of an Indian producer with the export prices of similar Chinese products, adjustments relating to import duties on raw materials and indirect taxes in the analogue country India and to differences in production (costs) and/or in so far as the institutions of the Union, during the investigation, did not provide cooperating Chinese exporting producers (in a timely manner) with all the data of the Indian producer with regard to the determination of the normal value?

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(1)  Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People's Republic of China (OJ 2009 L 29, p. 1).

(2)  Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1).

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