Judgment — ECLI:EU:C:2013:865
Date: 2013-12-19
Language of the case: English
Court formation: Second Chamber
Subject matter: Dumping;External relations;Commercial policy
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

Judgment of the Court (Second Chamber) of 19 December 2013 — Transnational Company ‘Kazchrome’ and ENRC Marketing v Council (Case C‑10/12 P) Appeal — Dumping — Regulation (EC) No 172/2008 — Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia — Partial interim review − Regulation (EC) No 384/96 — Article 3(7) — Known factors — Injury to European Union industry — Causal link 1. Common commercial policy — Protection against dumping — Damage — Discretion of the institutions — Establishment of a causal link — Obligations of the institutions — Taking into account of matters extraneous to the dumping — Impact of such factors on the establishment of a causal link — Burden of proof on the parties alleging that the regulation imposing an anti-dumping duty is unlawful (Council Regulation No 384/96, Art. 3(5), (6) and (7)) (see paras 20‑25, 28, 29, 39) 2. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para. TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 40, 41) 3. Common commercial policy — Protection against dumping — Damage –Establishment of a causal link — Obligations of the institutions — Taking into account individually and collectively of the factors extraneous to the dumping — Need to carry out systematically a collective analysis of those factors — No such need (Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, Art. 3.5; Council Regulation No 384/96, Art. 3(5), (6) and (7)) (see paras 51‑56) 4. Judicial proceedings — Costs — Order that the successful party bear its own costs — Absence of exceptional circumstances (Rules of Procedure of the General Court, Art. 87(3)) (see paras 60, 61) Re: Appeal brought against the judgment of the General Court (Second Chamber) of 25 October 2011 in Case T‑192/08 Transnational Company ‘Kazchrome’ and ENRC Marketing v Council, by which the General Court dismissed an action seeking partial annulment of Council Regulation (EC) No 172/2008 of 25 February 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duties imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2008 L 55, p. 6). Operative part: The Court: 1. Dismisses the appeal; 2. Orders Transnational Company ‘Kazchrome’ AO and ENRC Marketing AG to pay the costs of the present proceedings; 3. Orders the European Commission to bear its own costs; 4. Orders Euroalliages to bear its own costs.