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Joined Cases C-747/21 P and C-748/21 P: Judgment of the Court (Seventh Chamber) of 8 June 2023 — PAO Severstal (C-747/21 P), Novolipetsk Steel PJSC (NLMK) (C-748/21 P) v European Commission, Eurofer, European Steel Association, ASBL (Appeal — Dumping — Implementing Regulation (EU) 2016/1328 — Imports of certain cold-rolled flat steel products originating in the People’s Republic of China and the Russian Federation — Definitive anti-dumping duty — Regulation (EC) No 1225/2009 — Article 18(1) — Necessary information — Absence — Article 9(4) — ‘Lesser duty rule’ — Target price — Profit margin of the Union industry — Establishment — Selection of the most recent representative year — Article 2(9) — Construction of the export price — Injury to the Union industry — Application by analogy — Calculation of the underselling margin — Statement of reasons)
ECLI:EU:UNKNOWN:62021CA0747
62021CA0747
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24.7.2023
Official Journal of the European Union
C 261/29
(Joined Cases C-747/21 P and C-748/21 P) (1)
(Appeal - Dumping - Implementing Regulation (EU) 2016/1328 - Imports of certain cold-rolled flat steel products originating in the People’s Republic of China and the Russian Federation - Definitive anti-dumping duty - Regulation (EC) No 1225/2009 - Article 18(1) - Necessary information - Absence - Article 9(4) - ‘Lesser duty rule’ - Target price - Profit margin of the Union industry - Establishment - Selection of the most recent representative year - Article 2(9) - Construction of the export price - Injury to the Union industry - Application by analogy - Calculation of the underselling margin - Statement of reasons)
(2023/C 261/40)
Language of the case: English
Parties
Appellants: PAO Severstal (C-747/21 P), Novolipetsk Steel PJSC (NLMK), (C-748/21 P) (represented by: M. Krestiyanova and N. Tuominen, avocată)
Other parties to the proceedings: European Commission (represented initially by: K. Blanck and J.-F. Brakeland, and subsequently by J.-F. Brakeland, acting as Agents), Eurofer, European Steel Association, ASBL
Operative part of the judgment
The Court:
1.Dismisses the appeals;
2.Orders PAO Severstal to pay the costs in Case C-747/21 P;
3.Orders Novolipetsk Steel PJSC (NLMK) to pay the costs in Case C-748/21 P.
(1) OJ C 73, 14.2.2022.