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Case C-338/10: Judgment of the Court (Third Chamber) of 22 March 2012 (reference for a preliminary ruling from the Finanzgericht Hamburg — Germany) — Grünwald Logistik Service GmbH (GLS) v Hauptzollamt Hamburg-Stadt (Dumping — Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 — Validity — Regulation (EC) No 384/96 — Article 2(7)(a) — Determination of normal value — Non-market economy country — Commission’s obligation to take due care to determine normal value on the basis of the price or constructed value in a market economy third country)

ECLI:EU:UNKNOWN:62010CA0338

62010CA0338

March 22, 2012
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Official Journal of the European Union

C 133/5

(Case C-338/10) (<span class="super">1</span>)

(Dumping - Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China - Regulation (EC) No 1355/2008 - Validity - Regulation (EC) No 384/96 - Article 2(7)(a) - Determination of normal value - Non-market economy country - Commission’s obligation to take due care to determine normal value on the basis of the price or constructed value in a market economy third country)

2012/C 133/08

Language of the case: German

Referring court

Parties to the main proceedings

Applicant: Grünwald Logistik Service GmbH (GLS)

Defendant: Hauptzollamt Hamburg-Stadt

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg — Validity, in the light of Article 2(7)(a) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1), of Commission Regulation (EC) No 642/2008 of 4 July 2008 imposing a provisional anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China (OJ 2008 L 178, p. 19) and of Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China (OJ 2008 L 350, p. 35) — Determination of normal value for a country which does not have a market economy — Determination of normal value on the basis of the price actually paid or payable for like products in the European Union — Obligation imposed on the Commission by Article 2(7)(a) of Regulation (EC) No 384/96 to take the measures necessary to determine normal value on the basis of the price or constructed value in a market-economy third country.

Operative part of the judgment

Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China is invalid.

(<span class="super">1</span>) OJ C 260, 25.9.2010.

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