Judgment of the General Court (Eighth Chamber) of 1 June 2022 –

l Jindal Saw and Jindal Saw Italia v Commission (Reimposition of a definitive anti-dumping duty)

(Case T‑440/20) ( 1 )

(Dumping – Imports of tubes and pipes of ductile cast iron originating in India – Compliance with the judgment of the General Court in Case T 301/16 – Re-imposition of a definitive anti-dumping duty – Non-repayment in full of the initial definitive anti-dumping duty – Legal basis – Non-retroactivity – Legal certainty – Article 266 TFEU – Proportionality – Right to effective judicial protection – Article 103 of the Union Customs Code – Registration Regulation – Plea of illegality – Admissibility)

1. Common commercial policy – Protection against dumping – Anti-dumping proceeding – Judgment declaring regulations imposing anti-dumping duties invalid – Adoption of a regulation seeking to implement the declaration of invalidity – Resumption of the proceeding that preceded the regulations declared invalid with the aim of re-imposing anti-dumping duties – Whether permissible – Conditions – Breach of the principles of legal certainty and non-retroactivity – None (European Parliament and Council Regulation 2016/1036, Arts 10(1) and 14(1); Council Regulation No 1225/2009, Art. 10(1)) (see paras 40, 43-70)

2. Common commercial policy – Protection against dumping – Anti-dumping proceeding – Judgment declaring regulations imposing anti-dumping duties invalid – Adoption of a regulation seeking to implement the declaration of invalidity – Re-imposition of the anti-dumping duties on importations made during the application period of the invalidated regulations – Whether permissible – Conditions – Infringement of the principle of proportionality and effective judicial protection – None (Arts 5(1) and (4), 264 and 266 TFEU; Charter of Fundamental Rights of the European Union, Art. 47, first para.; European Parliament and Council Regulation 2016/1036) (see paras 77-88, 93, 97-106, 114-120)

3. Common commercial policy – Protection against dumping – Anti-dumping proceeding – Judgment declaring regulations imposing anti-dumping duties invalid – Adoption of a regulation seeking to implement the declaration of invalidity – Discretion of the institutions – Scope – Judicial review – Limits (Art. 266 TFEU; European Parliament and Council Regulation 2016/1036) (see paras 94, 95)

4. Common commercial policy – Protection against dumping – Anti-dumping proceeding – Judgment declaring regulations imposing anti-dumping duties invalid – Adoption of a regulation seeking to implement the declaration of invalidity – Re-imposition of the anti-dumping duties on importations made during the application period of the invalidated regulations – Whether permissible – Expiry of the limitation period of the customs debt – Irrelevant (Art. 296 TFEU; European Parliament and Council Regulation No 952/2013, Art. 103(1)) (see paras 131-136)

5. Plea of illegality – Measures the illegality of which may be pleaded – Anti-dumping proceeding – Judgment declaring regulations imposing anti-dumping duties invalid – Adoption of a regulation seeking to implement the declaration of invalidity – Re-imposition of the anti-dumping duties on importations made during the application period of the invalidated regulations – Regulation ordering the national authorities to register importations of the product concerned in the context of the re-imposition procedure – Preparatory act which cannot be open to challenge by an action for annulment – Admissibility of the plea of illegality (Arts 263, second para., and 288 TFEU) (see paras 142-151)

6. Common commercial policy – Protection against dumping – Anti-dumping proceeding – Judgment declaring regulations imposing anti-dumping duties invalid – Adoption of a regulation seeking to implement the declaration of invalidity – Re-imposition of the anti-dumping duties on importations made during the application period of the invalidated regulations – Regulation ordering the national authorities to register importations of the product concerned in the context of the re-imposition procedure – Whether permissible (European Parliament and Council Regulation 2016/1036, Art. 14(5)) (see paras 154-160)

Operative part

The Court:

1. Dismisses the action;

2. Orders Jindal Saw Ltd and Jindal Saw Italia SpA to pay the costs.

( 1 ) OJ C 297, 7.9.2020.