Judgment — ECLI:EU:C:2009:349
Date: 2009-06-04
Language of the case: Italian
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Dumping;External relations;Financial provisions;Free movement of goods;Commercial policy;Customs Union;Own resources
Concepts: Anti-dumping and anti-subsidy measures;Specific customs procedures
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 1. Common commercial policy – Protection against dumping – Circumvention (Council Regulation No 384/96, Art. 13) 2. Free movement of goods – Trade with non-member countries – Inward processing system – Scope (Commission Regulation No 2454/93, Art. 551(1)) 1. Article 13 of Regulation No 384/96 on protection against dumped imports from countries not members of the European Community is inapplicable in the absence of a Council decision, adopted on a proposal from the Commission to extend the application of anti-dumping duties to imports from third countries of like products or parts thereof. (see paras 17-20, operative part 1) 2. An operation which consists in merely sending goods over the border after processing them into a product which is not subject to anti-dumping duties without any actual intention to re-export them and re-importing them shortly after cannot lawfully be placed under the inward processing procedure. In that connection, the aim of the inward processing procedure is to exempt from customs duties only those goods which are brought into the Community customs territory on a temporary basis in order that they may be worked, repaired or processed and then re-exported, thus preventing economic activity in Community countries from being penalised. Accordingly, a practice such as that described above is contrary to the very aim of the inward processing procedure and would undermine the effectiveness of the Community rules. An importer who improperly brings himself within that procedure and benefits from it is required to pay the duties on the products concerned, without prejudice, where appropriate, to administrative, civil or criminal sanctions provided for by national law. It is for the national court having jurisdiction in the matter to determine whether the operation concerned be regarded as irregular in the light of Community law. (see paras 23-30, operative part 2)