Case C-461/18 P: Judgment of the Court (Second Chamber) of 3 December 2020 — Changmao Biochemical Engineering Co. Ltd v Distillerie Bonollo SpA and Others (Appeal — Dumping — Imports of tartaric acid originating in China — Appeal brought by an intervener at first instance — Second sentence of the second paragraph of Article 56 of the Statute of the Court of Justice of the European Union — Partial interim review — Loss of market economy treatment during the review procedure — Modification of the definitive anti-dumping duty — Determination of the normal value — Article 11(9) of Regulation (EC) No 1225/2009 — Cross-appeal — Action for annulment brought by competing producers established in the European Union — Admissibility — Direct concern — Allocation of powers to comply with a judgment)
Date: 2020-12-03
Institutions: Court of Justice
Subjects: China, anti-dumping duty, import (EU), market economy, organic acid, originating product








C_2021035EN.01000201.xml










1.2.2021   


EN


Official Journal of the European Union


C 35/2






Judgment of the Court (Second Chamber) of 3 December 2020 — Changmao Biochemical Engineering Co. Ltd v Distillerie Bonollo SpA and Others
(Case C-461/18 P) (1)

(Appeal - Dumping - Imports of tartaric acid originating in China - Appeal brought by an intervener at first instance - Second sentence of the second paragraph of Article 56 of the Statute of the Court of Justice of the European Union - Partial interim review - Loss of market economy treatment during the review procedure - Modification of the definitive anti-dumping duty - Determination of the normal value - Article 11(9) of Regulation (EC) No 1225/2009 - Cross-appeal - Action for annulment brought by competing producers established in the European Union - Admissibility - Direct concern - Allocation of powers to comply with a judgment)
(2021/C 35/02)
Language of the case: English

Parties


Appellant: Changmao Biochemical Engineering Co. Ltd (represented by: K. Adamantopoulos, dikigoros, and P. Billiet, advocaat)

Other parties to the proceedings: Distillerie Bonollo SpA, Industria Chimica Valenzana (ICV) SpA, Distillerie Mazzari SpA, Caviro Distillerie Srl (represented by: R. MacLean, Solicitor, and A. Bochon, avocat), Comercial Química Sarasa SL, Council of the European Union (represented by: H. Marcos Fraile and B. Driessen, acting as Agents, and by N. Tuominen, avocată), European Commission (represented by: M. França, J.-F. Brakeland and A. Demeneix, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the main appeal;










2.


Sets aside point 2 of the operative part of the judgment of the General Court of the European Union of 3 May 2018, Distillerie Bonollo and Others v Council (T-431/12, EU:T:2018:251), in so far as the General Court of the European Union thereby required the Council of the European Union to take the measures necessary to comply with that judgment;










3.


Dismisses the cross-appeal as to the remainder;










4.


Orders Changmao Biochemical Engineering Co. Ltd to bear its own costs and to pay those incurred by Distillerie Bonollo SpA, Industria Chimica Valenzana (ICV) SpA, Distillerie Mazzari SpA and Caviro Distillerie Srl as well as by the Council of the European Union and the European Commission in relation to the main appeal;










5.


Orders the European Commission to bear its own costs and to pay four fifths of the costs incurred by Distillerie Bonollo SpA, Industria Chimica Valenzana (ICV) SpA, Distillerie Mazzari SpA and Caviro Distillerie Srl in relation to the cross-appeal;










6.


Orders Changmao Biochemical Engineering Co. Ltd and the Council of the European Union to bear their own costs relating to the cross-appeal.






(1)  OJ C 341, 24.9.2018.