CELEX: 62009TJ0150
Language: en
Date: 2012-10-10
Title: Judgment of the General Court (Seventh Chamber) of 10 October 2012. # Ningbo Yonghong Fasteners Co. Ltd v Council of the European Union. # Dumping - Imports of certain iron or steel fasteners originating in China - Market economy treatment - Time-limit for adopting the decision on that treatment - Manifest error of assessment - Burden of proof - Adjustment to costs - Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (7)(b) and (c) of Regulation (EC) No 1225/2009). # Case T-150/09.

Judgment of the General Court (Seventh Chamber) of 10 October 2012 — Ningbo Yonghong Fasteners v Council
      (Case T-150/09)
      Dumping — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adopting the decision on that treatment — Manifest error of assessment — Burden of proof — Adjustment to costs — Article 2(5) and (7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(5) and (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 47, 48)
      2.                     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 — Procedure for assessing
            the conditions allowing a producer to benefit from market economy treatment — Commission exceeding the three-month time-limit
            laid down by Article 2(7)(c), second paragraph, of that regulation — Consequences (Council Regulation No 384/96, as amended
            by Regulation No 1225/2009, Art. 2(7)(c)) (see paras 50, 53-55, 57, 59, 64, 65, 68)
      3.                     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 75-77, 99, 100)
      4.                     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 114, 131-137)
      5.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Granting of market
            economy operator status — Conditions — Discretion of the institutions — Account to be taken of macroeconomic considerations
            — Limits — Previous practice of the institutions — Irrelevant — Assessment of the conditions for obtaining that status on
            a case-by-case basis (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see paras 116-120)
      6.                     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 — Not unreasonable (Council Regulation No 384/96, as amended
            by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see paras 124-126)
      7.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Article 2(5)
            of Regulation No 384/96 — Provision providing for a distinct phase of the said determination in relation to that referred
            to in paragraph 7(c) of the same article — Provision not allowing a condition for obtaining market economy operator status
            to be overlooked (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(5) and (7)(c)) (see paras 138,
            139)
      Re:
      
         
               APPLICATION for 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 Ningbo Yonghong Fasteners Co. Ltd to bear its 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.