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EU-Rechtsprechung · Gericht der Europäischen Union

ECLI:EU:T:2003:189

ECLI: ECLI:EU:T:2003:189Entscheidung vom: 08.07.2003

«(Dumping – Decision terminating an expiry review – Community interest – Action for annulment)» Summary of the Judgment 1.. Common commercial policy – Protection against dumping – Expiry review procedure – Retention of a measure – Conditions – Existence of a Community interest (Council Regulation No 384/96, Arts 9(4), 11(2), (5) and (9), and 21) 2.. Common commercial policy – Protection against dumping – Assessment of the Community interest – Scope of the duty to state reasons – Judicial review – Limits (Council Regulation No 384/96, Art. 21) 3.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Taking account of evidence from sources other than those referred to in Article 21(2) of the basic regulation on anti-dumping – Whether permitted (Council Regulation No 384/96, Art. 21(2)) 4.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Need to reassess the various interests involved (Council Regulation No 384/96, Art. 21) 5.. Common commercial policy – Protection against dumping – Expiry review procedure – Commission's discretion – Assessment of the Community interest – Taking account of data relating to the period prior to the introduction of the anti-dumping measures – Whether permitted (Council Regulation No 384/96, Art. 21) 6.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Sending questionnaires – Taking account of replies sent after the expiry of the deadline – Whether permitted (Council Regulation No 384/96, Art. 21(2) to (5)) 7.. Common commercial policy – Protection against dumping – Adoption of measures or expiry review procedure – Assessment of the Community interest – Criteria for assessing whether the information provided by users is representative (Council Regulation No 384/96, Art. 21(5)) 8.. Procedure – Measures of inquiry – Request for production of a document – Commission's internal documents – Disclosure excluded except in exceptional circumstances – Burden of proof falling on the applicant – Application to the report sent by the Commission to the Advisory Committee under Article 21(5) of Regulation No 384/96 (Rules of Procedure of the Court of First Instance, Art. 65(b); Council Regulation No 384/96, Art. 21(5)) 9.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Taking account of the opinions of users even where uncorroborated – Whether permitted (Council Regulation No 384/96, Art. 21(7)) 10.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Duty to hold a meeting for an exchange of views between the parties – No duty (Council Regulation No 384/96, Arts 6(6), and 21(3), (4) and (6)) 11.. Common commercial policy – Protection against dumping – Expiry review procedure – Assessment of the Community interest – Requirement to take account of the cumulative effect of anti-dumping measures (Council Regulation No 384/96, Art. 21) JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber, Extended Composition)8 July 2003 (1) ((Dumping – Decision terminating an expiry review – Community interest - Action for annulment)) applicants, intervener, v defendant, interveners, THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Second Chamber, Extended Composition), having regard to the written procedure and further to the hearing on 26 November 2002, gives the following On those grounds, THE COURT OF FIRST INSTANCE (Second Chamber, Extended Composition) Forwood Pirrung Mengozzi Meij Vilaras H. Jung N.J. Forwood Registrar President 1 – Language of the case: French.

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