Judgment of the General Court (Eighth Chamber) of 7 February 2013 — EuroChem MCC v Council
(Case T‑459/08)
Dumping — Imports of ammonium nitrate originating in Russia — Request for a partial interim review — Expiry review — Normal value — Export price — Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 384/96 (now Articles 1, 2 and 11(2) and (3) of Regulation (EC) No 1225/2009)
1. Common commercial policy — Protection against dumping — Procedure for partial interim review of an anti-dumping duty — Not automatically opened following enlargement of the European Union — Manifest error of assessment — Exclusion (Council Regulations No 384/96, Art. 11(3), and No 1225/2009, Art. 11(3)) (see paras 36-40)
2. Common commercial policy — Protection against dumping — Discretion of the institutions — Judicial review — Limits (see paras 44, 45)
3. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Recourse to the constructed value — Production costs taken into account — Calculation of costs on the basis of accounting registers — Costs affected by a distortion of the market — Adjustment — Lawfulness — Criteria (Council Regulations No 384/96, Art. 2(3) and (5), and No 1225/2009, Art. 2(3) and (5)) (see paras 54, 58, 60, 65, 67-69)
4. Common commercial policy — Protection against dumping — Dumping margin — Rules for calculation of the anti-dumping margin contained in the 1994 GATT Anti-dumping Agreement — Transposition into EU law by the basic anti-dumping regulation — Interpretation of Article 2(5) of that regulation in the light of that anti-dumping agreement (Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade ‘1994 Anti-dumping Agreement 1994’, Art. 2.2.1.1; Council Regulations No 384/96, Art. 2(5), and No 1225/2009, Art. 2(5)) (see paras 83-89)
5. Common commercial policy — Protection against dumping — Decision on the determination of the normal value — Statement of reasons — Taking into account of information communicated to the undertakings concerned during the administrative procedure (Art. 296 TFEU; Council Regulations No 384/96, Art. 2, and No 1225/2009, Art. 2) (see para. 118)
6. Common commercial policy — Protection against dumping — Dumping margin — Asymmetry between the normal value and the export price affecting their comparability — Adjustments — Taking into account of commissions on sales (Council Regulations No 384/96, Art. 2(10)(i), and No 1225/2009, Art. 2(10)(i)) (see paras 129-133)
Re:
| ACTION for annulment of Council Regulation (EC) No 661/2008 of 8 July 2008 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2008 L 185, p. 1). |
Operative part
The Court:
2. | | Orders EuroChem Mineral and Chemical Company OAO (EuroChem MCC) to bear its own costs and to pay those incurred by the Council of the European Union and by Fertilizers Europe; |
3. | | Orders the European Commission to bear its own costs. |