CELEX: 62009TJ0172
Language: en
Date: 2012-10-10 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 10 October 2012. # Gem-Year Industrial Co. Ltd and Jinn-Well Auto-Parts (Zhejiang) Co. Ltd v Council of the European Union. # Dumping - Imports of certain iron or steel fasteners originating in China - Support of the complaint by the Community industry - Definition of the product concerned - Injury - Market economy treatment - Costs of major inputs substantially reflecting market values - Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009). # Case T-172/09.

Judgment of the General Court (Seventh Chamber) of 10 October 2012 — Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council
      (Case T-172/09)
      Dumping — Imports of certain iron or steel fasteners originating in China — Support of the complaint by the Community industry — Definition of the product concerned — Injury — Market economy treatment — Costs of major inputs substantially reflecting market values — Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009)
      1.                     Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Regulation imposing
            anti-dumping duties — Varying duties imposed on a series of undertakings — Admissibility limited, for each undertaking, to
            the provisions of the regulation concerning it (Art. 230, fourth para., EC) (see paras 21-25)
      2.                     Common commercial policy — Protection against dumping — Investigation — Discretion of the Commission — No obligation on Commission
            to close the procedure once support for the complaint falls below the minimum threshold of 25% of Community production (Council
            Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 5(4)) (see para. 42)
      3.                     Common commercial policy — Protection against dumping — Investigation — Opening of an investigation by complaint lodged by
            or on behalf of the Community industry — Representativeness of the Community industry supporting the complaint — Calculation
            — Method (Council Regulations No 3924/91, Arts 3(2) 3 and 4, and No 384/96, as amended by Regulation No 1225/2009, Art. 5(4))
            (see paras 44-53)
      4.                     Common commercial policy — Protection against dumping — Investigation — Determination of the product concerned — Factors which
            may be taken into account — Discretion of the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended
            by Regulation No 1225/2009, Art. 1(4)) (see paras 58-62, 70)
      5.                     Common commercial policy — Protection against dumping — Injury — Factors to be taken into consideration — Plurality (Council
            Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 3(2) and (5)) (see paras 85, 91-102)
      6.                     European Union law — Interpretation — Methods — Literal, systematic, historic and teleological interpretation — Account to
            be taken of the reasoning for the measure in question (see paras 105-107)
      7.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from
            countries not having a market economy as referred to in Article 2(7)(b) of Regulation No 384/96 — Application of the rules
            for countries with a market economy — Strict interpretation (Council Regulation No 384/96, as amended by Regulation No 1225/2009,
            Art. 2(7)(a) and (b)) (see paras 117-120, 125-127, 130-132)
      8.                     Proceedings — Introduction of new pleas during the proceedings — Conditions — New plea — Concept (Rules of Procedure of the
            General Court, Arts 44(1)(c) and 48(2)) (see para. 39)
      9.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Granting of market
            economy operator status — Conditions — Burden of proof on producers — Assessment of evidence a matter for the institutions
            — Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see
            paras 142-145)
      Re:
      
         
               APPLICATION for the annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping
                  duty on imports of certain iron or steel fasteners originating in the People's Republic of China (OJ 2009 L 29, p. 1).
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Gem-Year Industrial Co. Ltd and Jinn-Well Auto-Parts (Zhejiang) Co. Ltd to bear their own costs and to pay those of
                     the Council of the European Union and of the European Industrial Fasteners Institute AISBL;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the European Commission to bear its own costs.