Nachi Fujikoshi Corporation v Council of the European Communities.
Date: 1987-05-07
7 HOWEVER, IT SHOULD BE NOTED THAT THE CONTESTED REGULATION DOES NOT LAY DOWN GENERAL RULES WHICH APPLY TO A WHOLE GROUP OF TRADERS WITHOUT DISTINGUISHING BETWEEN THEM BUT IMPOSES DIFFERENT ANTI-DUMPING DUTIES ON A SERIES OF MANUFACTURERS OR EXPORTERS OF SMALL BALL-BEARINGS ESTABLISHED IN JAPAN AND SINGAPORE WHO ARE EXPRESSLY NAMED, AND ALSO ON OTHER UNDERTAKINGS WHICH ARE NOT NAMED BUT WHICH PURSUE THE SAME ACTIVITIES IN THOSE SAME COUNTRIES . UNDER THOSE CIRCUMSTANCES IT MUST BE CONCLUDED THAT NACHI IS INDIVIDUALLY CONCERNED ONLY BY THOSE PROVISIONS OF THE CONTESTED REGULATION WHICH IMPOSE ON IT A SPECIFIC ANTI-DUMPING DUTY AND DETERMINE THE AMOUNT THEREOF, AND NOT BY THOSE PROVISIONS WHICH IMPOSE ANTI-DUMPING DUTIES ON OTHER UNDERTAKINGS .
8 IT FOLLOWS FROM THE FOREGOING THAT THE OBJECTION OF INADMISSIBILITY RAISED BY THE COUNCIL MUST BE UPHELD AND THE APPLICANT' S PRINCIPAL CLAIM FOR A DECLARATION THAT REGULATION NO 2089/84 IS VOID IN ITS ENTIRETY MUST BE DISMISSED . IT IS, HOWEVER, NECESSARY TO EXAMINE THE MERITS OF THE ALTERNATIVE CLAIM FOR A DECLARATION THAT THOSE PROVISIONS OF THE CONTESTED REGULATION WHICH ARE OF CONCERN EXCLUSIVELY TO NACHI ARE VOID .
SUBSTANCE
14 IT MUST BE STATED FIRST THAT THE PROCEDURE FOR CALCULATING THE NORMAL VALUE IS LAID DOWN IN ARTICLE 2*(3 ) TO ( 7 ) OF REGULATION NO 3017/79, AND THE PROCEDURE FOR CALCULATING THE EXPORT PRICE IS LAID DOWN IN ARTICLE 2*(8 ) THEREOF . THOSE PROVISIONS SEPARATELY SPECIFY SEVERAL DIFFERENT METHODS FOR CALCULATING EACH OF THE TERMS OF THE COMPARISON .
21 IT SHOULD BE NOTED THAT THE CHOICE BETWEEN THE DIFFERENT METHODS OF CALCULATION SPECIFIED IN ARTICLE 2*(13)*(B ) OF REGULATION NO 3017/79 REQUIRES AN APPRAISAL OF COMPLEX ECONOMIC SITUATIONS . THE COURT MUST THEREFORE, AS IT HAS HELD IN PARTICULAR IN ITS JUDGMENT OF 11 JULY 1985 IN CASE 42/84 REMIA AND OTHERS V COMMISSION (( 1985 )) ECR 2545, LIMIT ITS REVIEW OF SUCH AN APPRAISAL TO VERIFYING WHETHER THE RELEVANT PROCEDURAL RULES HAVE BEEN COMPLIED WITH, WHETHER THE FACTS ON WHICH THE CHOICE IS BASED HAVE BEEN ACCURATELY STATED AND WHETHER THERE HAS BEEN A MANIFEST ERROR OF APPRAISAL OR A MISUSE OF POWERS .
33 MOREOVER, WHEREAS ADJUSTMENTS REQUIRED FOR THE PURPOSE OF CONSTRUCTING THE EXPORT PRICE ARE MADE AUTOMATICALLY BY THE COMMUNITY INSTITUTIONS PURSUANT TO THE PROVISIONS OF ARTICLE 2*(8 ) OF REGULATION NO 3017/79, THE ADJUSTMENTS PROVIDED FOR BY ARTICLE 2*(10 ) MAY ALSO BE MADE ON A CLAIM BY AN INTERESTED PARTY . A PARTY MAKING SUCH A CLAIM MUST PROVE THAT ITS CLAIM IS JUSTIFIED, THAT IS TO SAY THAT THE DIFFERENCE ON WHICH IT RELIES CONCERNS ONE OF THE FACTORS LISTED BY ARTICLE 2*(9 ), THAT THE DIFFERENCE AFFECTS PRICE COMPARABILITY AND LASTLY, IF, AS IN THIS CASE, IT IS A QUESTION PARTICULARLY OF DIFFERENCES IN CONDITIONS AND TERMS OF SALE, THAT THOSE DIFFERENCES BEAR A DIRECT RELATIONSHIP TO THE SALES UNDER CONSIDERATION .
39 NEXT, IT SHOULD BE RECALLED, AS REGARDS THE COMPLAINT THAT THE STATEMENT OF REASONS WAS INADEQUATE, THAT THE COURT HAS CONSISTENTLY HELD, IN PARTICULAR IN ITS JUDGMENT OF 26 JUNE 1986 IN CASE 203/85 NICOLET INSTRUMENT V HAUPTZOLLAMT FRANKFURT-AM-MAIN (( 1986 )) ECR 2049, THAT THE STATEMENT OF REASONS REQUIRED BY ARTICLE 190 OF THE TREATY MUST DISCLOSE IN A CLEAR AND UNEQUIVOCAL FASHION THE REASONING FOLLOWED BY THE COMMUNITY AUTHORITY WHICH ADOPTED THE MEASURE IN QUESTION IN SUCH A WAY AS TO MAKE THE PERSONS CONCERNED AWARE OF THE REASONS FOR THE MEASURE AND THUS ENABLE THEM TO DEFEND THEIR RIGHTS, AND TO ENABLE THE COURT TO EXERCISE ITS SUPERVISORY JURISDICTION .
53 IN THAT REGARD IT SHOULD BE POINTED OUT THAT THE PURPOSE OF DEFINING A DUMPING MARGIN IS TO CORRECT THE EFFECT WHICH IMPORTS OF PRODUCTS FROM NON-MEMBER COUNTRIES AT DUMPED PRICES ACTUALLY HAD ON THE CORRESPONDING COMMUNITY INDUSTRY . THAT EFFECT CAN ONLY BE ASSESSED IN THE LIGHT OF THE OFFICIAL EXCHANGE RATES ON THE BASIS OF WHICH INTERNATIONAL TRADE TRANSACTIONS TAKE PLACE .