Keywords

Summary



Keywords

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1 . Common commercial policy - Protection against dumping - Review procedure - Modification of measures previously adopted - Infringement of the principle of legal certainty - None

( Council Regulation No 2176/84, Art . 14(3 ) )

2 . Common commercial policy - Protection against dumping - Dumping margin - Determination of the normal value - Imports from countries not having a market economy

( Council Regulation No 2176/84, Art . 2(5 ) )

3 . Common commercial policy - Protection against dumping - Injury - Factors to be taken into consideration - Several - Discretion of the institutions - Decline in the market share of dumped imports - Not decisive

( Council Regulation No 2176/84, Art . 4(2 ) )

4 . Common commercial policy - Protection against dumping - Conduct of the investigation - Right to meetings with opposing parties - Parties directly concerned - Concept

( Council Regulation No 2176/84, Art . 7(6 ) )

5 . Common commercial policy - Protection against dumping - Anti-dumping duty applicable to products from the German Democratic Republic - Protocol on German internal trade - No collection of duty on products imported into the Federal Republic of Germany - Infringement of the prohibition of discrimination in relation to importers established in the other Member States - None

( EEC Treaty, Protocol on German internal trade; Council Regulation No 2176/84 )

Summary

1 . Under Article 14 of Regulation No 2176/84, undertakings which have been accepted may be subject to a review which, in accordance with paragraph 3 of that provision, may result in the amendment, repeal or annulment of the measures in question .

The substitution of an anti-dumping duty for a price undertaking cannot therefore be regarded as an infringement of that article or the principle of legal certainty .

2 . By providing that in the case of imports from non-market-economy countries the normal value is to be determined essentially on the basis of the price actually charged for the like product in a market-economy country, Article 2(5 ) of Regulation No 2176/84 seeks to prevent account being taken of prices and costs in non-market-economy countries which are not normally the result of market forces .

3 . In accordance with Article 4(2 ) of Regulation No 2176/84, the examination of injury must involve a series of factors no one of which can give decisive guidance .

For that reason a decline in the market share of dumped imports does not preclude a finding that significant injury is being caused by them, where that finding is based on various factors to be taken into consideration under the abovementioned provision .

4 . In relation to meetings of opposing parties, the phrase "parties directly concerned" in Article 7(6 ) of Regulation No 2176/84 must be understood in the sense given to it by the Court in regard to the admissibility of actions brought against a regulation adopted in the context of protection against dumping . Accordingly, only traders belonging to one of the categories of traders which the Court has held are entitled to bring proceedings directly against regulations imposing anti-dumping duties can require the Commission to hold such a meeting .

5 . In accordance with the "Protocol on internal German trade and related problems" of 25 March 1957, annexed to the EEC Treaty, the Federal Republic of Germany is exonerated from applying the rules of Community law to German internal trade and the German Democratic Republic, while not a member of the Community, is not a non-member country vis-à-vis the Federal Republic of Germany .

It follows that the difference of treatment between importers established in the Federal Republic and those established in other Member States as regards the collection of anti-dumping duties imposed by a Council regulation in respect of products originating in the German Democratic Republic has a legislative basis in that Protocol and cannot therefore be regarded as discriminatory .