Avis juridique important

61986J0304

European Court reports 1990 Page I-02939 Pub.RJ Page Pub somm

Summary

2 . Action for annulment - Natural or legal persons - Acts of direct and individual concern to them - Regulation imposing anti-dumping duties - Importers who are associated with the exporter and whose resale prices have been used to establish the dumping margin or to calculate the anti-dumping duty ( EEC Treaty, Art . 173, second paragraph )

3 . Common commercial policy - Protection against dumping - Dumping margin - Determination of the normal value - Imports from countries not having a market economy - Principal factor to be taken into account - Price actually charged for a like product in a market-economy non-member country - Definition of like product - Differences in physical characteristics not sufficient to negate similarity - Account to be taken thereof for adjustment purposes - Conditions ( Council Regulation No 2176/84, Arts 2(5 ), 9, 10 and 12 )

4 . Common commercial policy - Protection against dumping - Injury - Factors to be taken into consideration - Several - Discretion of the institutions - Decline in the market share of dumped imports - Not decisive ( Council Regulation No 2176/84, Art . 4(2 ) )

5 . Common commercial policy - Protection against dumping - Regulation imposing a definitive anti-dumping duty - Immediate entry into force - Infringement of the principle of legal certainty - None ( EEC Treaty, Art . 191; Council Regulations Nos 2176/84 and 864/87 )

Summary

Parties

In Joined Cases C-304/86, Enital SpA, whose registered office is in Milan ( Italy ), represented by Dino Ranieri, of the Como Bar, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 4 avenue Marie-Thérèse, applicant, v Commission of the European Communities, represented by E . de March, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg, defendant, supported by Groupement des industries de matériels d' équipement électrique et de l' électronique industrielle associée, whose registered office is in Paris, represented by Ivo Van Bael and Jean-François Bellis, of the Brussels Bar with an address for service in Luxembourg in the Chambers of Freddy Brausch, 8 rue Zithe, intervener, APPLICATION for the annulment of Commission Regulation ( EEC ) No 3019/86 of 30 September 1986 imposing a provisional anti-dumping duty on imports of standardized multi-phase electric motors having an output of more than 0.75 kW but not more than 75 kW, originating in Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland, Romania and the USSR ( Official Journal 1986 L 280, p . 68 ), and C-185/87, Enital SpA, whose registered office is in Milan ( Italy ), represented by Dino Ranieri, of the Como Bar, with an address for service in Luxembourg at the Chambers of Ernest Arendt, 4 avenue Marie-Thérèse, applicant, v Council of the European Communities, represented by H.-J . Lambers, Director in its Legal Department, and E . Stein, Legal Adviser, acting as Agents, with an address for service in Luxembourg at the office of Joerg Kaeser, Director of the Legal Affairs Directorate of the European Investment Bank, 100 boulevard Konrad-Adenauer, Kirchberg, defendant, supported by Groupement des industries de matériels d' équipement électrique et de l' électronique industrielle associée, whose registered office is in Paris, represented by Ivo Van Bael and Jean-François Bellis, of the Brussels Bar, with an address for service in Luxembourg at the Chambers of Freddy Brausch, 8 rue Zithe, and by Commission of the European Communities, represented by E . de March, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of Georgios Kremlis, a member of its Legal Department, Wagner Centre, Kirchberg, interveners, APPLICATION for the annulment of Council Regulation ( EEC ) No 864/87 of 23 March 1987 imposing a definitive anti-dumping duty on imports of standardized multi-phase electric motors having an output of more than 0.75 kW but not more than 75 kW, originating in Bulgaria, Czechoslovakia, the German Democratic Republic, Hungary, Poland and the Soviet Union, and definitively collecting the amounts secured as provisional duties ( Official Journal 1987 L 83, p . 1 ), THE COURT ( Fifth Chamber ) composed of : Sir Gordon Slynn, President of Chamber, M . Zuleeg, R . Joliet, J . C . Moitinho de Almeida and G . C . Rodríguez Iglesias, Judges, ( The grounds of the judgment are not reproduced .) hereby :

Operative part

( 1 ) Dismisses the applications; ( 2 ) Orders the applicant to pay the costs, including those of the interveners .