Keywords

Summary



Keywords

++++

1 . ACTION FOR ANNULMENT - NATURAL OR LEGAL PERSONS - MEASURES OF DIRECT AND INDIVIDUAL CONCERN TO THEM - REGULATION IMPOSING ANTI-DUMPING DUTIES - PRODUCERS AND EXPORTERS FROM NON-MEMBER COUNTRIES

( EEC TREATY, ART . 173, SECOND PARAGRAPH; COUNCIL REGULATION NO 3017/79 )

2 . COMMON COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - UNDERTAKINGS ACCEPTED - REVIEW - ARTICLE 14 OF REGULATION NO 3017/79 ) - CONDITIONS

( COUNCIL REGULATION NO 3017/79, ART . 14 )

3 . COMMON COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - DUMPING MARGIN - DETERMINATION OF THE NORMAL VALUE AND THE EXPORT PRICE - CHOICE OF METHOD OF CALCULATION - DISCRETION OF THE COMMISSION - CHANGE IN THE METHOD OF CALCULATION - IMPOSSIBLE TO RELY ON THE PRINCIPLE THAT LEGITIMATE EXPECTATIONS MUST BE PROTECTED

( COUNCIL REGULATION NO 3017/79, ART . 2 )

4 . COMMON COMMERCIAL POLICY - PROTECTION AGAINST DUMPING - OFFER OF PRICE UNDERTAKINGS - ACCEPTANCE - DISCRETION OF THE INSTITUTIONS

( COUNCIL REGULATION NO 3017/79, ART . 10 )

Summary

1 . MEASURES IMPOSING ANTI-DUMPING DUTIES PURSUANT TO REGULATION NO 3017/79 ARE LIABLE TO BE OF DIRECT AND INDIVIDUAL CONCERN WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE TREATY TO THOSE PRODUCERS AND EXPORTERS WHO ARE ABLE TO ESTABLISH THAT THEY WERE IDENTIFIED IN THE MEASURES ADOPTED BY THE COMMISSION OR COUNCIL OR WERE CONCERNED BY THE PRELIMINARY INVESTIGATIONS .

HOWEVER, WHERE THE CONTESTED REGULATION IMPOSES DIFFERENT ANTI-DUMPING DUTIES ON A SERIES OF NAMED MANUFACTURERS OR EXPORTERS ESTABLISHED IN NON-MEMBER COUNTRIES, AND ALSO ON OTHER UNDERTAKINGS WHICH ARE NOT NAMED BUT WHICH PURSUE THE SAME ACTIVITIES IN THOSE COUNTRIES, AN UNDERTAKING IS INDIVIDUALLY CONCERNED ONLY BY THOSE PROVISIONS WHICH IMPOSE ON IT A SPECIFIC ANTI-DUMPING DUTY AND DETERMINE THE AMOUNT THEREOF, AND NOT BY THOSE PROVISIONS WHICH IMPOSE ANTI-DUMPING DUTIES ON OTHER UNDERTAKINGS .

2 . THE REVIEW BY THE COMMISSION PURSUANT TO ARTICLE 14 OF REGULATION NO 3017/79 OF UNDERTAKINGS OFFERED AND ACCEPTED IN THE FRAMEWORK OF AN ANTI-DUMPING PROCEEDING DOES NOT DEPEND ON A COMPLAINT FROM COMMUNITY PRODUCERS OR ON THE INFRINGEMENT OR WITHDRAWAL OF THOSE UNDERTAKINGS .

3 . WHERE THE INSTITUTIONS ENJOY A MARGIN OF DISCRETION IN THE CHOICE OF THE MEANS NEEDED TO ACHIEVE THEIR POLICIES, TRADERS CANNOT CLAIM TO HAVE A LEGITIMATE EXPECTATION THAT THE MEANS ORIGINALLY CHOSEN WILL BE MAINTAINED, SINCE THESE MAY BE ALTERED BY THE INSTITUTIONS IN THE EXERCISE OF THEIR POWERS .

THUS TRADERS CANNOT RELY UPON THE PRINCIPLE THAT LEGITIMATE EXPECTATIONS MUST BE PROTECTED IN ORDER TO CHALLENGE THE USE OF A NEW METHOD, REPLACING THE METHOD PREVIOUSLY USED TO CALCULATE THE EXPORT PRICE IN ANTI-DUMPING PROCEEDINGS, WHERE THE REGULATION APPLICABLE ALLOWS A CHOICE TO BE MADE BETWEEN THE TWO METHODS .

4 . NO PROVISION OF REGULATION NO 3017/79 COMPELS THE COMMUNITY INSTITUTIONS TO ACCEPT PRICE UNDERTAKINGS OFFERED BY TRADERS CONCERNED BY AN INVESTIGATION PRIOR TO THE IMPOSITION OF ANTI-DUMPING DUTIES . ON THE CONTRARY, IT IS CLEAR FROM ARTICLE 10 OF THE REGULATION THAT IT IS FOR THE INSTITUTIONS, IN THE EXERCISE OF THEIR DISCRETIONARY POWER, TO DETERMINE WHETHER SUCH UNDERTAKINGS ARE ACCEPTABLE .

THE REFUSAL TO ACCEPT UNDERTAKINGS WHICH HAVE BEEN GIVEN INDIVIDUAL CONSIDERATION CANNOT BE CRITICIZED BY THE COURT UNLESS THE REASONS ON WHICH IT IS BASED EXCEED THE MARGIN OF DISCRETION CONFERRED UPON THE INSTITUTIONS .