Information;Judgment — ECLI:EU:T:2020:605
Date: 2020-12-16
Language of the case: English
Court formation: Third Chamber
Subject matter: Dumping;External relations;Commercial policy
Procedure: Action for annulment - unfounded

Summary of the pleas in law on which the application is based – Abstract statement – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see para. 78) 5. Common commercial policy – Protection against dumping – Injury – Discretion of the institutions – Judicial review – Limits (European Parliament and Council Regulation 2016/1036, Arts 4(1), 5(4) and 11(2)) (see paras 93-96) 6. Common commercial policy – Protection against dumping – Injury – Concept of Union industry – Discretion of the Commission – Definition of Union industry supporting a complaint – Reference to producers representing a major proportion of the total production of the like product produced by the Union industry – Whether permissible – No obligation to define the Union industry by reference to all Union producers or by including producers which did not cooperate with the investigation (European Parliament and Council Regulation 2016/1036, Arts 4(1) and 5(4)) (see paras 99, 100, 105, 106, 110, 111) 7. Common commercial policy – Protection against dumping – Expiry review procedure – Retaining an anti-dumping measure – Conditions – Continuation or recurrence of dumping and injury – Obligation on the institutions also to take into account factors extraneous to dumping – Criteria for assessment (European Parliament and Council Regulation 2016/1036, Art. 11(2)) (see paras 119-121, 135) 8. Common commercial policy – Protection against dumping – Injury – Factors to be taken into consideration – Assessment as a whole (European Parliament and Council Regulation 2016/1036, Arts 3(2) and 5) (see paras 134-143) 9. Common commercial policy – Protection against dumping – Expiry review procedure – Distinction from the original investigation procedure (European Parliament and Council Regulation 2016/1036, Art. 11(2)) (see para. 150-151) 10. Common commercial policy – Protection against dumping – Investigation – Observance of the rights of the defence – Duty of the institutions to keep the undertakings concerned informed, to respect the confidentiality of information, and to reconcile those obligations – Breach of the obligation to provide information – Conditions (European Parliament and Council Regulation 2016/1036, Arts 6(7), 19(1) to (5) and 20) (see paras 163-175) 11. Acts of the institutions – Statement of reasons – Obligation – Scope – Regulation imposing anti-dumping duties (Art. 296 TFEU) (see paras 183-189) Re: Application pursuant to Article 263 TFEU for the annulment of Commission Implementing Regulation (EU) 2018/921 of 28 June 2018 imposing a definitive anti-dumping duty on imports of tartaric acid originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council (OJ 2018 L 164, p. 14). Operative part The Court: 1. Dismisses the action; 2. Orders Changmao Biochemical Engineering Co. Ltd to pay the costs.