**Judgment of the General Court (Seventh Chamber) of 10 October 2012 — Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council**

**(Case T-172/09)**

Dumping — Imports of certain iron or steel fasteners originating in China — Support of the complaint by the Community industry — Definition of the product concerned — Injury — Market economy treatment — Costs of major inputs substantially reflecting market values — Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009)

1.                     *Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Regulation imposing
anti-dumping duties — Varying duties imposed on a series of undertakings — Admissibility limited, for each undertaking, to
the provisions of the regulation concerning it (Art. 230, fourth para., EC) (see paras 21-25)*

2.                     *Common commercial policy — Protection against dumping — Investigation — Discretion of the Commission — No obligation on Commission
to close the procedure once support for the complaint falls below the minimum threshold of 25% of Community production (Council
Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 5(4)) (see para. 42)*

3.                     *Common commercial policy — Protection against dumping — Investigation — Opening of an investigation by complaint lodged by
or on behalf of the Community industry — Representativeness of the Community industry supporting the complaint — Calculation
— Method (Council Regulations No 3924/91, Arts 3(2) 3 and 4, and No 384/96, as amended by Regulation No 1225/2009, Art. 5(4))
(see paras 44-53)*

4.                     *Common commercial policy — Protection against dumping — Investigation — Determination of the product concerned — Factors which
may be taken into account — Discretion of the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended
by Regulation No 1225/2009, Art. 1(4)) (see paras 58-62, 70)*

5.                     *Common commercial policy — Protection against dumping — Injury — Factors to be taken into consideration — Plurality (Council
Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 3(2) and (5)) (see paras 85, 91-102)*

6.                     *European Union law — Interpretation — Methods — Literal, systematic, historic and teleological interpretation — Account to
be taken of the reasoning for the measure in question (see paras 105-107)*

7.                     *Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from
countries not having a market economy as referred to in Article 2(7)(b) of Regulation No 384/96 — Application of the rules
for countries with a market economy — Strict interpretation (Council Regulation No 384/96, as amended by Regulation No 1225/2009,
Art. 2(7)(a) and (b)) (see paras 117-120, 125-127, 130-132)*

8.                     *Proceedings — Introduction of new pleas during the proceedings — Conditions — New plea — Concept (Rules of Procedure of the
General Court, Arts 44(1)(c) and 48(2)) (see para. 39)*

9.                     *Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Granting of market
economy operator status — Conditions — Burden of proof on producers — Assessment of evidence a matter for the institutions
— Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see
paras 142-145)*

**Re:**

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| | APPLICATION for the annulment of 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). |

**Operative part**

The Court:

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| 1. | | Dismisses the action; |

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| 2. | | Orders Gem-Year Industrial Co. Ltd and Jinn-Well Auto-Parts (Zhejiang) Co. Ltd to bear their own costs and to pay those of the Council of the European Union and of the European Industrial Fasteners Institute AISBL; |

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| --- | --- | --- |
| 3. | | Orders the European Commission to bear its own costs. |