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Document 62016TJ0741
Judgment of the General Court (Second Chamber) of 28 June 2019.
Changmao Biochemical Engineering Co. Ltd v European Commission.
Dumping — Imports of aspartame originating in China — Refusal to grant market economy treatment — Imposition of a definitive anti-dumping duty — Article 2(7)(b) and (c), second indent, of Regulation (EU) 2016/1036 — Article 2(7)(a) of Regulation 2016/1036 — Article 2(10) of Regulation 2016/1036 — Article 3(2) and (6) of Regulation 2016/1036 — Article 6(7) of Regulation 2016/1036 — Non-conformity of accounting documents — Non-compliance with international accounting standards — Recourse to EU industry data — Request for adjustment — Burden of proof — Right to a fair hearing — Principle of sound administration — Legitimate expectations.
Case T-741/16.
Judgment of the General Court (Second Chamber) of 28 June 2019.
Changmao Biochemical Engineering Co. Ltd v European Commission.
Dumping — Imports of aspartame originating in China — Refusal to grant market economy treatment — Imposition of a definitive anti-dumping duty — Article 2(7)(b) and (c), second indent, of Regulation (EU) 2016/1036 — Article 2(7)(a) of Regulation 2016/1036 — Article 2(10) of Regulation 2016/1036 — Article 3(2) and (6) of Regulation 2016/1036 — Article 6(7) of Regulation 2016/1036 — Non-conformity of accounting documents — Non-compliance with international accounting standards — Recourse to EU industry data — Request for adjustment — Burden of proof — Right to a fair hearing — Principle of sound administration — Legitimate expectations.
Case T-741/16.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Second Chamber) of 28 June 2019 –
Changmao Biochemical Engineering v Commission
(Case T‑741/16)
(Dumping — Imports of aspartame originating in China — Refusal to grant market economy treatment — Imposition of a definitive anti-dumping duty — Article 2(7)(b) and (c), second indent, of Regulation (EU) 2016/1036 — Article 2(7)(a) of Regulation 2016/1036 — Article 2(10) of Regulation 2016/1036 — Article 3(2) and (6) of Regulation 2016/1036 — Article 6(7) of Regulation 2016/1036 — Non-conformity of accounting documents — Non-compliance with international accounting standards — Recourse to EU industry data — Request for adjustment — Burden of proof — Right to a fair hearing — Principle of sound administration — Legitimate expectations)
1. |
Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Choice of the calculation method — Discretion of the institutions — Judicial review — Scope (Council Regulation No 1225/2009) (see paras 27-30) |
2. |
Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries — Granting of market economy operator status — Conditions — Burden of proof on producers — Assessment of the evidence by the institutions — Judicial review — Limits (Council Regulation No 1225/2009, Art. 2(1) to 6 and 7(a), (b) and (c)) (see paras 35-38) |
3. |
Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries — Granting of market economy operator status — Conditions — Use of a single set of basic accounting records which are independently audited in line with international accounting standards and are applied for all purposes — Restrictive interpretation (Council Regulation No 1225/2009, Art. 2(7)(a),(b) and (c)) (see paras 48-53, 55) |
4. |
Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Discretion of the institutions — Possibility for economic operators to invoke the principle of the protection of legitimate expectations — None (Council Regulation No 1225/2009, Art. 2(7)(c)) (see paras 83-86) |
5. |
Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries — Choice of a similar country — Discretion of the institutions — Judicial review — Scope (Council Regulation No 1225/2009, Art. 2(7)(a)) (see paras 102, 103, 107-111) |
6. |
Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries — Commission’s investigative powers — Limits — Voluntary cooperation of the interested parties (Council Regulation No 1225/2009) (see paras 124, 125) |
7. |
Common commercial policy — Protection against dumping — Dumping margin — Comparison between the normal value and the export price — Adjustments — Conditions — Burden of proof (Council Regulation No 1225/2009, Arts 2(7)(a) and (10), 3(2)(a) and (3) and 9(4)) (see paras 138, 139, 148, 152, 158) |
8. |
Common commercial policy — Protection against dumping — Anti-dumping proceeding — Right of access to non-confidential documents relating to the proceedings — Duty of the institutions to keep the undertakings concerned informed — Scope (Council Regulation No 1225/2009, Art. 6(7) and (8)) (see paras 183-187, 191, 192) |
9. |
Common commercial policy — Protection against dumping — Injury — Discretion of the institutions — Judicial review — Limits — Manifest error of assessment — Burden of proof (Council Regulation No 1225/2009, Arts 2(7)(a) and 3(2), (3) and (5)) (see paras 198, 199, 203) |
Re:
Application under Article 263 TFEU for the annulment of Commission Implementing Regulation (EU) No 2016/1247 of 28 July 2016 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of aspartame originating in the People's Republic of China (OJ 2016 L 204, p. 92).
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Changmao Biochemical Engineering Co. Ltd to pay the costs. |