Case C-263/06: Judgment of the Court (Fourth Chamber) of 28 February 2008 (reference for a preliminary ruling from the Corte suprema di cassazione, Italy) — Carboni e derivati Srl v Ministero dell'Economia e delle Finanze, Riunione Adriatica di Sicurtà SpA (Common commercial policy — Protection against dumping — Anti-dumping duty — Hematite pig iron originating in Russia — Decision No 67/94/ECSC — Determination of customs value for purposes of the application of a variable anti-dumping duty — Transaction value — Successive sales at different prices — Whether the customs authority may take into consideration the price indicated in a sale of goods effected prior to that on the basis of which the customs declaration was made)
Date: 2008-02-28
Institutions: Court of Justice
Subjects: CCT duties, anti-dumping duty, common customs tariff, import, interpretation of the law, selling price

C 107/2

EN

Official Journal of the European Union

26.4.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Fourth Chamber) of 28 February
2008 (Reference for a preliminary ruling from the
Finanzgericht Düsseldorf (Germany)) — AGST Draht- und
Biegetechnik GmbH v Hauptzollamt Aachen

12 July 1999 imposing a definitive countervailing duty and collecting
definitively the provisional duty imposed on stainless steel wires with a
diameter of 1 mm or more originating in India and terminating the
proceeding concerning imports of stainless steel wires with a diameter
of 1 mm or more originating in the Republic of Korea.

(Case C-398/05) (1)

(Common commercial policy — Countervailing duties —
Protection against subsidies — Regulation (EC) No 1599/1999
— Stainless steel wires — Injury to the Community industry
— Causal link)

(1) OJ C 22, 28.1.2006.

(2008/C 107/02)

Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings

Applicant: AGST Draht- und Biegetechnik GmbH

Defendant: Hauptzollamt Aachen

Re:

Reference for preliminary ruling — Finanzgericht Düsseldorf —
Validity of Council Regulation (EC) No 1599/1999 of 12 July
1999 imposing a definitive countervailing duty and collecting
definitively the provisional duty imposed on stainless steel wires
with a diameter of 1 mm or more originating in India and
terminating the proceeding concerning imports of stainless steel
wires with a diameter of 1 mm or more originating in the
Republic of Korea (OJ 1999 L 189, p. 1) — Appraisal of harm
caused to the Community industry, causal link with imports of
subsidised goods

Judgment of the Court (Fourth Chamber) of 28 February
2008 (reference for a preliminary ruling from the Corte
suprema di cassazione, Italy) — Carboni e derivati Srl v
Finanze, Riunione
e
Ministero
Adriatica di Sicurtà SpA

dell'Economia

delle

(Case C-263/06) (1)

(Common commercial policy — Protection against dumping
— Anti-dumping duty — Hematite pig iron originating in
Russia — Decision No 67/94/ECSC — Determination of
customs value for purposes of the application of a variable
anti-dumping duty — Transaction value — Successive sales at
different prices — Whether the customs authority may take
into consideration the price indicated in a sale of goods
effected prior to that on the basis of which the customs
declaration was made)

(2008/C 107/03)

Language of the case: Italian

Operative part of the judgment

Referring court

Consideration of the question referred has disclosed nothing capable of
affecting the validity of Council Regulation (EC) No 1599/1999 of

Corte suprema di cassazione

26.4.2008

EN

Official Journal of the European Union

C 107/3

Parties to the main proceedings

Appellant: Carboni e derivati Srl

Respondents: Ministero dell'Economia e delle Finanze, Riunione
Adriatica di Sicurtà SpA

Re:

Reference for a preliminary ruling — Corte suprema di cassa-
zione — Interpretation of Article 147 of Commission Regu-
lation (EEC) No 2454/93 of 2 July 1993 laying down provisions
for the implementation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (OJ 1993 L 253,
p. 1), as amended by Regulation No 1762/95 — Basis of calcu-
lation to determine application of the anti-dumping duty —
Possibility for the customs authority to take into consideration
the price indicated in a sale of goods which took place prior to
that on the basis of which the customs declaration took place
— Hematite pig-iron originating in Russia

Operative part of the judgment

accordance with Article 1(2)

of Commission Decision
In
No 67/94/ECSC of 12 January 1994 imposing a provisional anti-
dumping duty on imports into the Community of hematite pig iron,
originating in Brazil, Poland, Russia and Ukraine, the customs autho-
rities may not determine the customs value for the purpose of applying
the anti-dumping duty established by that decision on the basis of the
price indicated for the goods concerned in a sale prior to that on the
basis of which the customs declaration was made when the declared
price corresponds to the price actually paid or payable by the importer.

If the customs authorities have reasonable doubts as to the accuracy of
the declared value and their doubts are confirmed after they have asked
for additional information or documents and have provided the person
concerned with a reasonable opportunity to respond to the grounds for
those doubts, without it being possible to determine the price actually
paid or payable, they may, in accordance with Article 31 of Council
Regulation (EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code, calculate the customs value for the purpose
of applying the anti-dumping duty established by Decision No 67/94
by reference to the price agreed for the goods in question in the most
recent sale prior to that on the basis of which the customs declaration
was made and in regard to which the customs authorities have no
objective reason to doubt its accuracy.

(1) OJ C 224, 16.9.2006.

Judgment of the Court (First Chamber) of 6 March 2008
(reference for a preliminary ruling from the Verwaltungs-
gericht Köln, Germany) — Deutsche Post AG (C-287/06,
C-288/06 and C-291/06), Magdeburger Dienstleistungs- und
Verwaltungs GmbH (MDG) (C-289/06), Marketing Service
Magdeburg GmbH (C-290/06), Vedat Deniz (C-292/06) v
Bundesrepublik Deutschland

(Joined Cases C-287/06 to C-292/06) (1)

(Postal services — Directive 97/67/EC — Field reserved to
universal postal service provider — Special tariffs for the
deposit by business customers, at fixed points of the postal
network, of minimum quantities of pre-sorted items —
Refusal of such tariffs to intermediaries who consolidate, on a
commercial basis and in their own name, postal items from
various senders)

(2008/C 107/04)

Language of the case: German

Referring court

Verwaltungsgericht Köln

Parties to the main proceedings

Applicants: Deutsche Post AG (C-287/06, C-288/06 and
C-291/06), Magdeburger Dienstleistungs- und Verwaltungs
GmbH (MDG) (C-289/06), Marketing Service Magdeburg GmbH
(C-290/06), Vedat Deniz (C-292/06)

Defendant: Bundesrepublik Deutschland

parties: Marketing

Service Magdeburg GmbH
Intervening
(C-287/06), Citipost Gesellschaft für Kurier- und Postdienstleis-
tungen mbH (C-288/06), Deutsche Post AG (C-289/06,
C-290/06 and C-292/06), Magdeburger Dienstleistungs- und
Verwaltungs GmbH (MDG) (C-291/06),

Re:

Reference for a preliminary ruling — Verwaltungsgericht Köln
— Interpretation of Articles 47(2) EC and 95 EC and of the
fifth indent of Article 12, and Article 7(1) of Directive
97/67/EC of the European Parliament and of the Council of
15 December 1997 on common rules for the development of
the internal market of Community postal services and the
improvement of quality of service (OJ 1998 L 15, p. 14), as
amended by Directive 2002/39/EC of the European Parliament
the Council of 10 June 2002 amending Directive
and of
97/67/EC with regard to the further opening to competition of
Community postal services (OJ 2002 L 176, p. 21) — Obliga-
tion on a universal postal service supplier also to offer special