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Document 62005TJ0348

Summary of the Judgment

Keywords
Subject of the case
Operative part

Keywords

Common commercial policy

Protection against dumping

Review procedure

Modification of the definition of the product concerned by existing measures

Incorporation of the product concerned into new products

Applicability of existing measures to the new products

None

Need to open a new investigation (Council Regulation No 384/96, Arts 1, 5, 11(3) and 13) (see paras 61-64, 66, 68-70

)

Subject of the case

Re:

ACTION for annulment of Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2005 L 160, p. 1).

Operative part

Operative part

The Court:

1. Annuls Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96;

2. Orders the Council to bear its own costs and those incurred by JSC Kirovo‑Chepetsky Khimichesky Kombinat;

3. Orders the Commission to bear its own costs.

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