Judgment of the Court (Second Chamber) of 28 November 2013 — CHEMK and KF v Council

(Case C‑13/12 P)

‛Appeal — Dumping — Regulation (EC) No 172/2008 — Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia — Regulation (EC) No 384/96 — Article 2(9) — Export price — Article 3(5) and (6) — Determination of injury — Article 6(7) — Investigation — Article 8(4) — Offer of undertakings — Non-confidential version — Article 20(1) — Disclosure — Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part’

1. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 170(1)) (see paras 20-22)

2. Common commercial policy — Protection against dumping — Anti-dumping proceeding — Right of access to non-confidential documents relating to the proceedings — Obligation of the parties offering a price commitment to provide a non-confidential version thereof — Communication subsequent to the formal publication of the provisional regulation — Lawfulness (Council Regulations No 384/96, Arts 6(7) and 8(4), and No 1225/2009, Arts 6(7) and 8(4)) (see paras 32-34)

3. Common commercial policy — Protection against dumping — Injury — Factors to be taken into consideration — Impact of dumping on Community production — Assessment in relation to the production of similar products in the European Union — Criteria — Discretion of the EU institutions — Judicial review — Limits (Council Regulations No 384/96, Arts 1(1), 3(1) and (3) to (6), and 4(1) and No 1225/2009, Arts 1(1), 3(1) and (3) to (6), and 4(1)) (see paras 55-65)

4. Common commercial policy — Protection against dumping — Injury — Establishing a causal link — Obligations of the institutions — Taking into account of matters extraneous to the dumping — Discretion — Burden of proof (Council Regulations No 384/96, Art. 3(7) and No 1225/2009, Art. 3(7)) (see paras 69-71, 75)

5. Appeals — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (Art. 256(1) TFEU) (see paras 81-83)

Re:

Appeal against the judgment of the General Court (Second Chamber) of 25 October 2011 in Case T‑190/08 CHEMK and KF v Council, by which the General Court dismissed an application for partial annulment of Council Regulation (EC) No 172/2008 of 25 February 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2008 L 55, p. 6) and, in the alternative, annulment of the Commission decision of 28 February 2008 refusing the then applicants’ request for suspension of the anti-dumping measures introduced by the contested regulation.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Chelyabinsk Electrometallurgical Integrated Plant OAO (CHEMK) and Kuzneckie Ferrosplavy OAO (KF) to pay the costs of the present proceedings;

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

Judgment of the Court (Second Chamber) of 28 November 2013 — CHEMK and KF v Council

(Case C‑13/12 P)

‛Appeal — Dumping — Regulation (EC) No 172/2008 — Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia — Regulation (EC) No 384/96 — Article 2(9) — Export price — Article 3(5) and (6) — Determination of injury — Article 6(7) — Investigation — Article 8(4) — Offer of undertakings — Non-confidential version — Article 20(1) — Disclosure — Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part’

1. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 170(1)) (see paras 20-22)

2. Common commercial policy — Protection against dumping — Anti-dumping proceeding — Right of access to non-confidential documents relating to the proceedings — Obligation of the parties offering a price commitment to provide a non-confidential version thereof — Communication subsequent to the formal publication of the provisional regulation — Lawfulness (Council Regulations No 384/96, Arts 6(7) and 8(4), and No 1225/2009, Arts 6(7) and 8(4)) (see paras 32-34)

3. Common commercial policy — Protection against dumping — Injury — Factors to be taken into consideration — Impact of dumping on Community production — Assessment in relation to the production of similar products in the European Union — Criteria — Discretion of the EU institutions — Judicial review — Limits (Council Regulations No 384/96, Arts 1(1), 3(1) and (3) to (6), and 4(1) and No 1225/2009, Arts 1(1), 3(1) and (3) to (6), and 4(1)) (see paras 55-65)

4. Common commercial policy — Protection against dumping — Injury — Establishing a causal link — Obligations of the institutions — Taking into account of matters extraneous to the dumping — Discretion — Burden of proof (Council Regulations No 384/96, Art. 3(7) and No 1225/2009, Art. 3(7)) (see paras 69-71, 75)

5. Appeals — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (Art. 256(1) TFEU) (see paras 81-83)

Re:

Appeal against the judgment of the General Court (Second Chamber) of 25 October 2011 in Case T‑190/08 CHEMK and KF v Council, by which the General Court dismissed an application for partial annulment of Council Regulation (EC) No 172/2008 of 25 February 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ferro-silicon originating in the People’s Republic of China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia (OJ 2008 L 55, p. 6) and, in the alternative, annulment of the Commission decision of 28 February 2008 refusing the then applicants’ request for suspension of the anti-dumping measures introduced by the contested regulation.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Chelyabinsk Electrometallurgical Integrated Plant OAO (CHEMK) and Kuzneckie Ferrosplavy OAO (KF) to pay the costs of the present proceedings;