Information;Judgment — ECLI:EU:C:2024:217
Date: 2024-03-07
Language of the case: English
Court formation: Ninth Chamber
Subject matter: Dumping;External relations;Commercial policy
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

Summary of the pleas in law on which the application is based – General reference to other documents annexed to the application – Inadmissibility (Statute of the Court of Justice, Arts 21 and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paragraphs 89-92) 4. Appeal – Grounds of appeal – Ground of appeal directed against a ground of a judgment included for the sake of completeness – Ground of appeal ineffective – Rejection (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraph 94) 5. Common commercial policy – Protection against dumping – Opening of the investigation – Conditions – Sufficient evidence of the existence of dumping and related injury – Insufficiency of the evidence in the complaint – Irrelevant (European Parliament and Council Regulation 2016/1036, Arts 5(2), (3) and (9) and 7(2a)) (see paragraphs 110-115) 6. Appeal – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.) (see paragraph 131) Operative part The Court: 1. Dismisses the appeal; 2. Orders AO Nevinnomysskiy Azot and AO Novomoskovskaya Aktsionernaya Kompania NAK ‘Azot’ to bear their own costs and to pay those incurred by Fertilizers Europe and by the European Commission. 1 OJ C 94, 13.3.2023.