Judgment — ECLI:EU:C:2019:589
Date: 2019-07-10
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Dumping;External relations;Commercial policy
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Italy

summary, the pleas in law raised before the Court of Justice are the following: The General Court erred in law by substituting its own reasoning for that of the Commission when evaluating the significance of the decrease of the market share of the Union industry, in both relative and absolute terms, and/or manifestly distorted the evidence put before it in respect of the drop in the market share of the Union industry. The General Court made a manifest error of assessment and breached Articles 3(2) and 3(5) of the Basic Regulation when it reached the conclusion that the Commission did not commit any manifest error of assessment when adopting its findings relating to material injury. The General Court did not provide adequate reasoning for its determination on this point since it failed to explain why the Commission’s error in the assessment of the market share of the Union industry did not justify the annulment of the contested regulation as requested by the appellants. In addition, the General Court engaged in contradictory reasoning since it found an error of assessment in the Commission’s evaluation of the market share of the Union industry but ultimately ruled in its favour. ____________ 1 Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community, OJ 2009, L 343, p.51.