Keywords

Subject of the case

Operative part



Keywords

Actions for annulment — Admissibility — Decision to dismiss the action on the merits without ruling on admissibility — Discretion of the EU judicature (see paras 60, 61)

2. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Price charged in the ordinary course of trade — Price of similar product in the exporting country — Concept of ‘similar product’ — Factors to be taken into consideration — Discretion of the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 1(2) and (4)) (see paras 67-75)

3. International agreements — Agreement establishing the World Trade Organisation — 1994 GATT — Direct effect — None — Not possible to invoke WTO agreements to challenge the legality of an EU measure — Exceptions — EU measure intended to ensure its implementation or referring thereto expressly and precisely (Art. 263, first para., TFEU; General Agreement on Tariffs and Trade of 1994, Art. 2(1) and (6)) (see paras 76-79)

4. Union law — Interpretation — Methods — Interpretation having regard to international agreements concluded by the Community –Interpretation of Regulation No 384/96 having regard to the anti-dumping code of the GATT of 1994 (Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade, ‘1994 Anti-dumping Code’; Council Regulation No 384/96, as amended by Regulation No 1225/2009) (see para. 80)

5. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Unclear — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 82, 83)

6. Acts of the institutions — Statement of reasons — Obligation — Scope — Regulation imposing anti-dumping duties (Art. 296 TFEU) (see paras 86-88)

7. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Determination of similar product — Determination on the basis of data reasonably held by the institutions — Lawfulness (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 3) (see para. 102)

8. Common commercial policy — Protection against dumping — Anti-dumping proceeding — Rights of defence — Obligation of the institutions to provide information — Scope — Late intervention of an undertaking concerned (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 20(4) and (5)) (see paras 110, 111, 115-118, 160, 161)

9. Common commercial policy — Protection against dumping — Review procedure — 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 — Restrictive interpretation — Use of data relating to producer-exporters having the status of undertakings operating in a market economy — Exclusion (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Arts 2(1) to (7), and 11(2), (5) and (9)) (see paras 139-142)

10. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries — Choice of similar country — Discretion of the institutions — Judicial review — Scope (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)) (see paras 147, 151, 153)

11. Common commercial policy — Protection against dumping — Review procedure — Retention of an anti-dumping measure — Conditions — Existence of a Community interest — Discretion of the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Arts 9(4), 11(2), (5) and (9), and 21) (see paras 173, 178, 180-183)

12. Common commercial policy — Protection against dumping — Review procedure — Decision to close the procedure — No obligation on the Commission to close the procedure once the level of support for the complaint falls below the minimum threshold of 50% of total Community production (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Arts 5(4), 9(1), and 11(5)) (see paras 215-221, 225)

Subject of the case

Re:

APPLICATION for annulment of Council Regulation (EC) No 1205/2007 of 15 October 2007 imposing anti-dumping duties on imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 and extending to imports of the same product consigned from the Socialist Republic of Vietnam, the Islamic Republic of Pakistan and the Republic of the Philippines (OJ 2007 L 272, p. 1).

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Hangzhou Duralamp Electronics Co., Ltd to bear its own costs and to pay those incurred by the Council of the European Union and by Osram GmbH;

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