Keywords

Summary



Keywords

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1 . Application for a declaration that a measure is void - Natural and legal persons - Measures of direct and individual concern to them - Regulation imposing an anti-dumping duty - Application by an importer associated with the exporter from a non-member country - Admissibility

( EEC Treaty, Art . 173, second paragraph; Council Regulation No 2176/84 )

2 . Common commercial policy - Protection against dumping practices - Dumping margin - Determination of the normal value - Factor to which regard must primarily be had - Price charged in the ordinary course of trade - Taking account of the specific features of the commercial organization of the manufacturer concerned - Legality

( Council Regulation No 2176/84, Art . 2 ( 3 ) ( a ) and ( b ) )

3 . Commercial policy - Protection against dumping practices - Application of the Community rules - Obligation for the Community to align its practice on that of one of its major trading partners - None

( Council Regulation No 2176/84 )

4 . Common commercial policy - Protection against dumping practices - Dumping margin - Determination of the normal value and the export price and their comparison - Distinct rules

( Council Regulation No 2176/84, Art . 2 )

5 . Common commercial policy - Protection against dumping practices - Injury - Factors to be taken into account - Impact of dumping on the Community industry - Consideration limited to the most relevant factors - Legality

( Council Regulation No 2176/84, Art . 4 ( 2 ) ( c ) )

6 . Common commercial policy - Protection against dumping practices - Injury - Determination on the basis of a comparison between import prices and the prices of Community products calculated irrespective of fall in the latter as a result of dumping - Legality - Condition

( Council Regulation No 2176/84, Art . 4 )

7 . Common commercial policy - Protection against dumping practices - Assessment of Community interests - Imposition of anti-dumping duties leaving intact the problems of Community manufacturers not connected with dumping - Legality

( Council Regulation No 2176/84, Art . 12 ( 1 ) )

Summary

1 . Importers associated with exporters from non-member countries on whose products anti-dumping duties are imposed may challenge regulations imposing such duties, particularly where the export prices have been calculated on the basis of their selling prices on the Community market .

2 . Under the procedure for calculating anti-dumping duties, the price charged in the ordinary course of trade on the domestic market of the country of manufacture must, provided it can be established, be taken into consideration in preference to any other factor in order to establish the normal value of the product .

The Community institutions are entitled to refer in that respect to the resale price charged on that market by the distribution company related to the manufacturer concerned where that company, which the manufacturer controls financially, is entrusted with tasks that are normally the responsibility of an internal sales department of the manufacturing organization .

The division of production and sales activities within a group made up of legally distinct companies can in no way alter the fact that the group is a single economic entity which carries on in that way activities that are in other cases carried on by what is in legal terms as well a single entity .

3 . The attitude of a trading partner, even a major trading partner, of the Community with regard to protection against dumping practices does not suffice to oblige the Community to follow the same course when applying its own rules in such matters .

4 . Under the procedure for calculating anti-dumping duties, the calculation of the normal value and the calculation of the export price are distinct operations, by virtue of the different calculation methods employed, which are provided for in Article 2 ( 3 ) to ( 7 ) and in Article 2 ( 8 ) respectively of Regulation No 2176/84 .

The validity of the comparison provided for in Article 2 ( 9 ), enabling the dumping margins to be determined, cannot therefore be conditional on calculation of the normal value and the export price by identical methods .

5 . Since, in connection with the appraisal of the injury caused by the dumping, the list of economic factors to be taken into consideration in assessing the impact of the dumping on the Community industry set out in Article 4 ( 2 ) ( c ) of Regulation No 2176/84 is merely indicative, the Community institutions are free to take the view that the most relevant factors contained therein are in themselves a sufficient basis for forming a judgment .

6 . Under the procedure for calculating anti-dumping duties, the Community institutions are entitled to determine the injury suffered by Community manufacturers on the basis of a comparison between the prices of imported products, on the one hand, and the prices of similar Community products not at their real level but at the level which they would have reached if there had been no dumping, on the other, where at the time of comparison the prices of the Community products have already been subject over a long period to downward pressure leading to their decline precisely on account of the dumping .

7 . The imposition of anti-dumping duties cannot be challenged on the ground that those duties lead to protection of inefficient producers since the fact that a Community producer is facing difficulties attributable in part to causes other than the dumping is not a reason for depriving that producer of all protection against the injury caused by the dumping . Furthermore, an anti-dumping duty may be imposed only to the extent of the injury caused by the dumping to the Community industry .