Judgment of the General Court (Second Chamber) of 22 May 2014 — Guangdong Kito Ceramics and Others v Council

(Case T‑633/11)

‛Dumping — Imports of ceramic tiles originating in China — Definitive anti-dumping duty — Non-cooperation — Necessary information — Deadlines — Facts available — Article 18(1) and (3) of Regulation (EC) No 1225/2009’

1. Common commercial policy — Protection against dumping — Dumping margin — Rules relating to the calculation of the dumping margin, contained in the 1994 GATT Anti-Dumping Agreement — Transposition into EU law by the basic anti-dumping regulation — Interpretation of Article 18 of that regulation in the light of the said anti-dumping agreement (Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade, ‘1994 Anti-dumping Agreement’, Art. 6.8; Council Regulation No 1225/2009, Art. 18) (see paras 38-40)

2. Common commercial policy — Protection against dumping — Dumping margin — Discretion of the institutions — Limits — Judicial review — Scope (Council Regulation No 1225/2009) (see paras 41-43)

3. Common commercial policy — Protection against dumping — Course of the investigation — Use of the information available where the undertaking refuses cooperation — Conditions — Refusal of access to the necessary information — Concept of necessary information — Interpretation in the light of a report of a special group established in the context of the WTO (Council Regulation No 1225/2009, Art. 18(1)) (see paras 44-46)

4. Common commercial policy — Protection against dumping — Course of the investigation — Use of the information available where the undertaking refuses cooperation — Conditions — Necessary information not provided within the deadlines set by the basic regulation — Interpretation in the light of the 1994 GATT Anti-Dumping Agreement (Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade, ‘1994 Anti-dumping Agreement’, Art. 6.8 Council Regulation No 1225/2009, Arts 6(2), and 18(1)) (see paras 55, 57, 59, 61, 63, 70, 73, 85-87)

5. Judicial proceedings — Introduction of new pleas during the proceedings — Amplification of a plea made earlier — Admissibility (Rules of Procedure of the General Court, Arts 44(1)(c), and 48(2)) (see para. 65)

6. Common commercial policy — Protection against dumping — Course of the investigation — Use of the information available where the undertaking refuses cooperation — Consequences — Article 18(3) of the basic regulation not applicable (Council Regulation No 1225/2009, Art. 18(1) and (3)) (see paras 97-99)

7. Common commercial policy — Protection against dumping — Course of the investigation — Account taken of information not the best in all respects — Conditions — Interpretation in the light of the 1994 GATT Anti-Dumping Agreement (Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade, ‘1994 Anti-dumping Agreement’; Council Regulation No 1225/2009, Art. 18(3)) (see paras 100, 102, 103, 105, 108)

8. Acts of the institutions — Statement of reasons — Obligation — Scope — Regulation imposing anti-dumping duties (Art. 296 TFEU) (see para. 120)

Re:

APPLICATION for annulment of Council Implementing Regulation (EU) No 917/2011 of 12 September 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tiles originating in the People’s Republic of China (OJ 2011 L 238, p. 1).

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicants to bear their own costs and to pay those incurred by the Council of the European Union;

3. Orders the European Commission to bear its own costs;