Judgment of the General Court (Seventh Chamber) of 10 October 2012 — Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council

(Case T-172/09)

Dumping — Imports of certain iron or steel fasteners originating in China — Support of the complaint by the Community industry — Definition of the product concerned — Injury — Market economy treatment — Costs of major inputs substantially reflecting market values — Article 2(7)(b) and (c) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) of Regulation (EC) No 1225/2009)

1.                     Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Regulation imposing anti-dumping duties — Varying duties imposed on a series of undertakings — Admissibility limited, for each undertaking, to the provisions of the regulation concerning it (Art. 230, fourth para., EC) (see paras 21-25)

2.                     Common commercial policy — Protection against dumping — Investigation — Discretion of the Commission — No obligation on Commission to close the procedure once support for the complaint falls below the minimum threshold of 25% of Community production (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 5(4)) (see para. 42)

3.                     Common commercial policy — Protection against dumping — Investigation — Opening of an investigation by complaint lodged by or on behalf of the Community industry — Representativeness of the Community industry supporting the complaint — Calculation — Method (Council Regulations No 3924/91, Arts 3(2) 3 and 4, and No 384/96, as amended by Regulation No 1225/2009, Art. 5(4)) (see paras 44-53)

4.                     Common commercial policy — Protection against dumping — Investigation — Determination of the product concerned — Factors which may be taken into account — Discretion of the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 1(4)) (see paras 58-62, 70)

5.                     Common commercial policy — Protection against dumping — Injury — Factors to be taken into consideration — Plurality (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 3(2) and (5)) (see paras 85, 91-102)

6.                     European Union law — Interpretation — Methods — Literal, systematic, historic and teleological interpretation — Account to be taken of the reasoning for the measure in question (see paras 105-107)

7.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from countries not having a market economy as referred to in Article 2(7)(b) of Regulation No 384/96 — Application of the rules for countries with a market economy — Strict interpretation (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(a) and (b)) (see paras 117-120, 125-127, 130-132)

8.                     Proceedings — Introduction of new pleas during the proceedings — Conditions — New plea — Concept (Rules of Procedure of the General Court, Arts 44(1)(c) and 48(2)) (see para. 39)

9.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Granting of market economy operator status — Conditions — Burden of proof on producers — Assessment of evidence a matter for the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see paras 142-145)

Re:

Operative part

The Court: