Case T-132/01





Euroalliages and Others

v

Commission of the European Communities





«(Dumping – Decision terminating an expiry review – Community interest – Action for annulment)»

Judgment of the Court of First Instance (Second Chamber, Extended Composition), 8 July 2003

Summary of the Judgment

1.. Common commercial policy – Protection against dumping – Expiry review procedure – Retention of a measure – Conditions – Existence of a Community interest

(Council Regulation No 384/96, Arts 9(4), 11(2), (5) and (9), and 21)

2.. Common commercial policy – Protection against dumping – Assessment of the Community interest – Scope of the duty to state reasons – Judicial review – Limits

(Council Regulation No 384/96, Art. 21)

3.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Taking account of evidence from sources other than those referred to in Article 21(2) of the basic regulation on anti-dumping – Whether permitted

(Council Regulation No 384/96, Art. 21(2))

4.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Need to reassess the various interests involved

(Council Regulation No 384/96, Art. 21)

5.. Common commercial policy – Protection against dumping – Expiry review procedure – Commission's discretion – Assessment of the Community interest – Taking account of data relating to the period prior to the introduction of the anti-dumping measures – Whether permitted

(Council Regulation No 384/96, Art. 21)

6.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Sending questionnaires – Taking account of replies sent after the expiry of the deadline – Whether permitted

(Council Regulation No 384/96, Art. 21(2) to (5))

7.. Common commercial policy – Protection against dumping – Adoption of measures or expiry review procedure – Assessment of the Community interest – Criteria for assessing whether the information provided by users is representative

(Council Regulation No 384/96, Art. 21(5))

8.. Procedure – Measures of inquiry – Request for production of a document – Commission's internal documents – Disclosure excluded except in exceptional circumstances – Burden of proof falling on the applicant – Application to the report sent by the Commission to the Advisory Committee under Article 21(5) of Regulation No 384/96

(Rules of Procedure of the Court of First Instance, Art. 65(b); Council Regulation No 384/96, Art. 21(5))

9.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Taking account of the opinions of users even where uncorroborated – Whether permitted

(Council Regulation No 384/96, Art. 21(7))

10.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Duty to hold a meeting for an exchange of views between the parties – No duty

(Council Regulation No 384/96, Arts 6(6), and 21(3), (4) and (6))

11.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Requirement to take account of the cumulative effect of anti-dumping measures

(Council Regulation No 384/96, Art. 21)

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