**Judgment of the General Court (Seventh Chamber) of 10 October 2012 — Ningbo Yonghong Fasteners v Council**

**(Case T-150/09)**

Dumping — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adopting the decision on that treatment — Manifest error of assessment — Burden of proof — Adjustment to costs — Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (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 47, 48)*

2.                     *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 — Procedure for assessing
the conditions allowing a producer to benefit from market economy treatment — Commission exceeding the three-month time-limit
laid down by Article 2(7)(c), second paragraph, of that regulation — Consequences (Council Regulation No 384/96, as amended
by Regulation No 1225/2009, Art. 2(7)(c)) (see paras 50, 53-55, 57, 59, 64, 65, 68)*

3.                     *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 75-77, 99, 100)*

4.                     *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 114, 131-137)*

5.                     *Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Granting of market
economy operator status — Conditions — Discretion of the institutions — Account to be taken of macroeconomic considerations
— Limits — Previous practice of the institutions — Irrelevant — Assessment of the conditions for obtaining that status on
a case-by-case basis (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see paras 116-120)*

6.                     *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 — Not unreasonable (Council Regulation No 384/96, as amended
by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see paras 124-126)*

7.                     *Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Article 2(5)
of Regulation No 384/96 — Provision providing for a distinct phase of the said determination in relation to that referred
to in paragraph 7(c) of the same article — Provision not allowing a condition for obtaining market economy operator status
to be overlooked (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(5) and (7)(c)) (see paras 138,
139)*

**Re:**

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| | APPLICATION for 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 Ningbo Yonghong Fasteners Co. Ltd to bear its 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. |