Judgment of the General Court (Fifth Chamber) of 5 May 2021 –

Acron and Others v Commission

(Case T‑45/19)

(Dumping – Imports of ammonium nitrate originating in Russia – Request for partial interim review – Termination of the partial interim review – No change of circumstances – Error of assessment – Obligation to state reasons – Rights of the defence)

1. Common commercial policy – Protection against dumping – Partial interim review of an anti-dumping duty – Aim – Verification of the need to maintain anti-dumping measures – Conditions for removing the measure – Significant and lasting change of circumstances – Burden of proof borne by the undertakings requesting review – Discretion of the Commission (European Parliament and Council Regulation 2016/1036, Art. 11(3)) (see paras 38-42, 44, 52, 68, 86)

2. Common commercial policy – Protection against dumping – Partial interim review of an anti-dumping duty – Verification of the need to maintain anti-dumping measures – Method of verification – Discretion of the institutions (European Parliament and Council Regulation 2016/1036, Art. 11(3)) (see para. 43)

3. Common commercial policy – Protection against dumping – Partial interim review of an anti-dumping duty – Initiation of the procedure where there are prima facie valid and sufficient grounds justifying review – Discretion of the institutions (European Parliament and Council Regulation 2016/1036, Art. 11(3)) (see paras 45-48)

4. Common commercial policy – Protection against dumping – Partial interim review of an anti-dumping duty – Aim – Verification of the need to maintain anti-dumping measures – Conditions for removing the measure – Significant and lasting change of circumstances – Change in the sales structure for products subject to anti-dumping measures – No significant and lasting change of circumstances (European Parliament and Council Regulation 2016/1036, Art. 11(3)) (see paras 82-85)

5. Common commercial policy – Protection against dumping – Anti-dumping proceeding – Rights of the defence – Right to be heard – Scope – No obligation on the institutions to adhere to the point of view of the parties concerned – No obligation to reply to all the arguments of the parties (Charter of Fundamental Rights of the European Union, Art. 41; European Parliament and Council Regulation 2016/1036) (see paras 92-102)

6. International agreements – Agreement establishing the World Trade Organisation – GATT 1994 – Not possible to invoke WTO agreements to challenge the legality of an EU measure – Exceptions – No EU measure intended to ensure its implementation or referring thereto expressly and precisely (General Agreement on Tariffs and Trade 1994; Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (1994 Anti-Dumping Agreement), Art. 2; Commission Decision 2018/1703) (see paras 110-117)

7. Common commercial policy – Protection against dumping – Partial interim review of an anti-dumping duty – Aim – Verification of the need to maintain anti-dumping measures – Conditions for removing the measure – Significant and lasting change of circumstances – Cumulative conditions – One of the conditions not satisfied – Consequences (European Parliament and Council Regulation 2016/1036, Art. 11(3)) (see paras 121-125)

Re:

Application under Article 263 TFEU for annulment of Commission Implementing Decision (EU) 2018/1703 of 12 November 2018 terminating the partial interim review concerning imports of ammonium nitrate originating in Russia (OJ 2018 L 285, p. 97).

Operative part

The Court:

1. Dismisses the action;