Judgment of the General Court (Seventh Chamber) of 10 October 2012 — Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council

(Case T-172/09)

‛Dumping — Imports of certain iron or steel fasteners originating in China — Support of the complaint by the Community industry — Definition of the product concerned — Injury — Market economy treatment — Costs of major inputs substantially reflecting market values — Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009)’

1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Regulation imposing anti-dumping duties — Varying duties imposed on a series of undertakings — Admissibility limited, for each undertaking, to the provisions of the regulation concerning it (Art. 230, fourth para., EC) (see paras 21-25)

2. Common commercial policy — Protection against dumping — Investigation — Discretion of the Commission — No obligation on Commission to close the procedure once support for the complaint falls below the minimum threshold of 25% of Community production (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 5(4)) (see para. 42)

3. Common commercial policy — Protection against dumping — Investigation — Opening of an investigation by complaint lodged by or on behalf of the Community industry — Representativeness of the Community industry supporting the complaint — Calculation — Method (Council Regulations No 3924/91, Arts 3(2) 3 and 4, and No 384/96, as amended by Regulation No 1225/2009, Art. 5(4)) (see paras 44-53)

4. Common commercial policy — Protection against dumping — Investigation — Determination of the product concerned — Factors which may be taken into account — Discretion of the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 1(4)) (see paras 58-62, 70)

5. Common commercial policy — Protection against dumping — Injury — Factors to be taken into consideration — Plurality (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 3(2) and (5)) (see paras 85, 91-102)

6. European Union law — Interpretation — Methods — Literal, systematic, historic and teleological interpretation — Account to be taken of the reasoning for the measure in question (see paras 105-107)

7. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from countries not having a market economy as referred to in Article 2(7)(b) of Regulation No 384/96 — Application of the rules for countries with a market economy — Strict interpretation (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(a) and (b)) (see paras 117-120, 125-127, 130-132)

8. Proceedings — Introduction of new pleas during the proceedings — Conditions — New plea — Concept (Rules of Procedure of the General Court, Arts 44(1)(c) and 48(2)) (see para. 39)

9. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Granting of market economy operator status — Conditions — Burden of proof on producers — Assessment of evidence a matter for the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see paras 142-145)

Re:

APPLICATION for the annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 29, p. 1).

Operative part

The Court:

1. Dismisses the action;

2. Orders Gem-Year Industrial Co. Ltd and Jinn-Well Auto-Parts (Zhejiang) Co. Ltd to bear their own costs and to pay those of the Council of the European Union and of the European Industrial Fasteners Institute AISBL;