Judgment of the General Court (Fourth Chamber) of 18 October 2016 —

Crown Equipment (Suzhou) and Crown Gabelstapler v Council

(Case T‑351/13)

‛Dumping — Importation of hand pallet trucks and their essential parts originating in China — Definitive anti-dumping duty — Action for annulment — Direct concern — Individual concern — Admissibility — Determination of normal value — Article 2(7)(a) of Regulation (EC) No 1225/2009 — ‘Lesser duty’ rule — Article 9(4) of Regulation No 1225/2009 — Obligation to state reasons’

1. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Absolute bar to proceeding (Art. 263, fourth para., TFEU) (see paras 19-21)

2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Regulation imposing anti-dumping duties — Whether producer-exporter of the product concerned directly affected — Whether an importer of the product concerned directly affected (Art. 263, fourth para., TFEU) (see paras 23, 24)

3. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Individual concern — Regulation imposing anti-dumping duties — Producer and exporter undertakings identified in the regulation or concerned by the preliminary investigations — Admissibility (Art. 263, fourth para., TFEU) (see paras 25-35)

4. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Individual concern — Implementing regulation modifying the regulation instituting definitive anti-dumping duties following an interim review — Action brought by an undertaking identifiable at the time the regulation adopted and forming part of a restricted circle of economic operators — Admissibility (Art. 263, fourth para., TFEU) (see paras 36, 37)

5. Actions for annulment — Admissibility criteria — Bringing of a single action by two applicants — Admissibility of the action of one of the applicants — No need to examine the admissibility of the action in relation to the second applicant (Art. 263 TFEU) (see para. 39)

6. Common commercial policy — Protection against dumping — Fixing of anti-dumping duties — ‘Lesser duty’ rule — Applicability in a partial interim review procedure limited to the dumping — Assessment of compliance with the ‘lesser duty’ rule on the basis of the margin of injury established at the initial investigation — Lawfulness — Condition (Council Regulation No 1225/2009, Arts 9(4), and 11(2), (3) and (9)) (see paras 48-68)

7. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries — Choice of a similar country — Discretion of the institutions — Judicial review — Scope (Council Regulation No 1225/2009, Art. 2(7)(a)) (see paras 70-78, 82-86, 90-99, 102-107, 130, 131)

8. Acts of the institutions — Statement of reasons — Obligation — Scope — Regulation imposing anti-dumping duties (Art. 296, second para., TFEU) (see paras 110-114, 140-142)

9. Common commercial policy — Protection against dumping — Dumping margin — Comparison between the normal value and the export price — Adjustments — Conditions — Burden of proof (Council Regulation No 1225/2009, Art. 2(10)) (see paras 132-138)

Re:

ACTION pursuant to Article 263 TFEU for annulment of Council Implementing Regulation (EU) No 372/2013 of 22 April 2013 amending Implementing Regulation (EU) No 1008/2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ 2013 L 112, p. 1).

Operative part

The Court:

1. Dismisses the action;

2. Orders Crown Equipment (Suzhou) Co. Ltd and Crown Gabelstapler GmbH & Co. KG to bear their own costs and to pay those incurred by the Council of the European Union;