Keywords

Summary



Keywords

1 . APPLICATION FOR ANNULMENT - CONDITIONS FOR ADMISSIBILITY - NATURAL OR LEGAL PERSONS - DECISION IN THE FORM OF A REGULATION - DECISION OF INDIVIDUAL CONCERN TO APPLICANT .

( EEC TREATY , SECOND PARAGRAPH OF ART . 173 )

2 . APPLICATION FOR ANNULMENT - CONDITIONS FOR ADMISSIBILITY - NATURAL OR LEGAL PERSONS - DECISION IN THE FORM OF A REGULATION - DECISION OF DIRECT CONCERN TO APPLICANT

( EEC TREATY , SECOND PARAGRAPH OF ART . 173 )

3 . COMMON COMMERCIAL POLICY - MEASURES TO PROTECT TRADE - MEASURES TO BE ADOPTED IN CASE OF DUMPING - ACCEPTANCE OF UNDERTAKING FROM EXPORTERS TO REVISE PRICES - TERMINATION OF PROCEDURE - DEFINITIVE IMPOSITION OF ANTI-DUMPING DUTY - ILLEGALITY

( REGULATION NO 459/68 OF THE COUNCIL - AS AMENDED BY REGULATION NO 2011/73 OF THE COUNCIL - ARTS . 14 , 15 AND 17 )

4 . COMMON COMMERCIAL POLICY - GENERAL REGULATION IMPLEMENTING ARTICLE 113 OF THE EEC TREATY - DEROGATION BY A REGULATION APPLYING RULES TO SPECIFIC CASES - ILLEGALITY

( EEC TREATY , ART . 113 )

5 . COMMON COMMERCIAL POLICY - MEASURES TO PROTECT TRADE - MEASURES TO BE ADOPTED IN CASE OF DUMPING - COLLECTION OF AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY - INTRODUCTION OF DEFINITIVE ANTI-DUMPING DUTY - MANDATORY CONCOMITANT ACTION

( REGULATION NO 459/68 OF THE COUNCIL - AS AMENDED BY REGULATION NO 2011/73 OF THE COUNCIL - ART . 17 )

6 . ACTION FOR DAMAGES - ANNULMENT OF A MEASURE ADOPTED BY THE DEFENDANT INSTITUTION - ADOPTION OF THE DISPUTED MEASURE ILLEGAL BY REASON OF ACCEPTANCE OF THE APPLICANT ' S UNDERTAKING - ACTION FOR DAMAGES IN RELIANCE UPON UNLAWFULNESS OF UNDERTAKING - DISMISSAL

( EEC TREATY , ARTS . 178 , 215 )

Summary

1 . A NATURAL OR LEGAL PERSON IS INDIVIDUALLY CONCERNED BY A PROVISION OF A REGULATION WHERE THAT PROVISION , ALTHOUGH DRAFTED IN GENERAL TERMS , IN FACT CONSTITUTES A COLLECTIVE DECISION RELATING TO NAMED ADDRESSEES .

2 . THE FACT THAT THE IMPLEMENTATION OF A PROVISION CONTAINED IN A REGULATION NECESSITATES IMPLEMENTING MEASURES ADOPTED BY THE NATIONAL AUTHORITIES DOES NOT PREVENT SUCH PROVISION FROM BEING OF DIRECT CONCERN TO THE NATURAL OR LEGAL PERSONS TO WHOM IT APPLIES WHERE SUCH IMPLEMENTATION IS PURELY AUTOMATIC . THIS IS EVEN MORE THE CASE WHERE IMPLEMENTATION IS EFFECTED IN PURSUANCE NOT OF INTERMEDIATE NATIONAL RULES BUT OF COMMUNITY RULES ALONE .

3 . IT FOLLOWS FROM ARTICLE 14 OF REGULATION NO 459/68 OF THE COUNCIL THAT THE ACCEPTANCE BY THE COMMISSION OF AN UNDERTAKING FROM THE EXPORTER OR EXPORTERS TO REVISE THEIR PRICES ENTAILS THE TERMINATION OF THE ANTI-DUMPING PROCEDURE . IT IS ACCORDINGLY UNLAWFUL FOR AN ANTI-DUMPING PROCEDURE TO BE TERMINATED ON THE ONE HAND BY SUCH AN ACCEPTANCE AND ON THE OTHER HAND BY A DECISION ADOPTED BY THE COUNCIL UNDER ARTICLE 17 OF THE SAME REGULATION INVOLVING THE DEFINITIVE COLLECTION OF THE AMOUNT WHICH , IN PURSUANCE OF ARTICLE 15 OF THE REGULATION , HAS BEEN DETERMINED BY THE COMMISSION BY WAY OF PROVISIONAL ANTI-DUMPING DUTY AND SECURITY FOR WHICH HAS BEEN PROVIDED BY THE EXPORTER OR EXPORTERS CONCERNED .

THE ARGUMENT AS TO THE EFFECTIVENESS OF THIS COMBINATION FOR THE PURPOSE OF MONITORING THE OBSERVANCE OF THE UNDERTAKING AND BEING ABLE TO PENALIZE ANY INFRINGEMENT OF IT CANNOT BE ACCEPTED SINCE THE PROVISIONS OF THE REGULATION AND IN PARTICULAR THOSE OF ARTICLE 14 ( 2 ) ( D ) PROVIDE THAT IN SUCH A CASE THE COMMISSION MUST RECOMMENCE THE EXAMINATION OF THE FACTS IN ACCORDANCE WITH ARTICLE 10 .

4 . THE COUNCIL , HAVING ADOPTED A GENERAL REGULATION WITH A VIEW TO IMPLEMENTING ONE OF THE OBJECTIVES OF ARTICLE 113 OF THE TREATY , CANNOT DEROGATE FROM THE RULES THUS LAID DOWN IN APPLYING THOSE RULES TO SPECIFIC CASES WITHOUT INTERFERING WITH THE LEGISLATIVE SYSTEM OF THE COMMUNITY AND DESTROYING THE EQUALITY BEFORE THE LAW OF THOSE TO WHOM THAT LAW APPLIES .

5 . IT FOLLOWS FROM THE WORDING OF ARTICLE 17 OF REGULATION NO 459/68 THAT A DECISION TO COLLECT THE AMOUNTS SECURED BY WAY OF PROVISIONAL DUTY MAY BE ADOPTED ONLY AT THE SAME TIME AS THE IMPOSITION OF A DEFINITIVE ANTI-DUMPING DUTY .

IT FOLLOWS IN PARTICULAR THAT THE COMMISSION MAY PROPOSE A DECISION TO COLLECT THE AMOUNTS SECURED ONLY IF IT PROPOSES ' ' COMMUNITY ACTION ' ' , IN OTHER WORDS , THE INTRODUCTION OF A DEFINITIVE ANTI-DUMPING DUTY .

6 . WHEN THE COURT HAS ANNULLED A MEASURE WHICH THE DEFENDANT INSTITUTION COULD NOT LEGALLY ADOPT INASMUCH AS IT HAD ACCEPTED AN UNDERTAKING FROM THE APPLICANT , THE LATTER CANNOT RELY UPON THE ALLEGED UNLAWFULNESS OF ITS UNDERTAKING IN ORDER TO CALL IN QUESTION THE LIABILITY OF THE COMMUNITY .