Judgment of the Court (Seventh Chamber) of 27 February 2014 — Ningbo Yonghong Fasteners v Council

(Case C‑601/12 P)

‛Appeal — Dumping — Regulation (EC) No 384/96 — Second subparagraph of Article 2(7)(c) — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adoption of the related decision exceeded — Effect’

1. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries as referred to in Article 2(7)(b) of Regulation No 384/96 — Procedure for assessing the conditions enabling a producer to benefit from market economy treatment — Three-month time-limit laid down in the second subparagraph of Article 2(7)(c) of Regulation No 384/96 exceeded by the Commission — Consequences (Council Regulation No 384/96, Art. 2(7)(c)) (see paras 29-31, 34, 35, 40)

2. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 32, 47-49)

3. Appeals — Grounds — Plea directed against a superfluous ground — Invalid ground of appeal — Rejection (Art. 256(1) TFEU) (see paras 50, 51)

Re:

Appeal brought against the judgment of 10 October 2012 in Case T‑150/09 Ningbo Yonghong Fasteners Co. Ltd v Council, by which the General Court (Seventh Chamber) dismissed an action for the partial 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 appeal;

2. Orders Ningbo Yonghong Fasteners Co. Ltd to pay the costs incurred by the Council of the European Union in the present proceedings;

3. Orders the European Commission and the European Industrial Fasteners Institute AISBL (EIFI) each to bear its own costs.

Judgment of the Court (Seventh Chamber) of 27 February 2014 — Ningbo Yonghong Fasteners v Council

(Case C‑601/12 P)

‛Appeal — Dumping — Regulation (EC) No 384/96 — Second subparagraph of Article 2(7)(c) — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adoption of the related decision exceeded — Effect’

1. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries as referred to in Article 2(7)(b) of Regulation No 384/96 — Procedure for assessing the conditions enabling a producer to benefit from market economy treatment — Three-month time-limit laid down in the second subparagraph of Article 2(7)(c) of Regulation No 384/96 exceeded by the Commission — Consequences (Council Regulation No 384/96, Art. 2(7)(c)) (see paras 29-31, 34, 35, 40)

2. Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 32, 47-49)

3. Appeals — Grounds — Plea directed against a superfluous ground — Invalid ground of appeal — Rejection (Art. 256(1) TFEU) (see paras 50, 51)

Re:

Appeal brought against the judgment of 10 October 2012 in Case T‑150/09 Ningbo Yonghong Fasteners Co. Ltd v Council, by which the General Court (Seventh Chamber) dismissed an action for the partial 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 appeal;

2. Orders Ningbo Yonghong Fasteners Co. Ltd to pay the costs incurred by the Council of the European Union in the present proceedings;