This document is an excerpt from the EUR-Lex website
Document 62019TA0030
Cases T-30/19 and T-72/19: Judgment of the General Court of 4 May 2022 — CRIA and CCCMC v Commission (Dumping — Subsidies — Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China — Definitive anti-dumping duty — Definitive countervailing duty — Action for annulment — Locus standi — Direct concern — Individual concern — Regulatory act which does not entail implementing measures — Interest in bringing proceedings — Injury to the Union industry — Objective examination — Causal link — Calculation of the price undercutting and the injury margin — Fair comparison of prices — Constructed import prices — Prices charged to first independent buyers — Difference in the level of trade — Complex economic assessments — Intensity of judicial review — Injury indicators — Weighting of the data — Access to non-confidential investigation data — Rights of the defence)
Cases T-30/19 and T-72/19: Judgment of the General Court of 4 May 2022 — CRIA and CCCMC v Commission (Dumping — Subsidies — Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China — Definitive anti-dumping duty — Definitive countervailing duty — Action for annulment — Locus standi — Direct concern — Individual concern — Regulatory act which does not entail implementing measures — Interest in bringing proceedings — Injury to the Union industry — Objective examination — Causal link — Calculation of the price undercutting and the injury margin — Fair comparison of prices — Constructed import prices — Prices charged to first independent buyers — Difference in the level of trade — Complex economic assessments — Intensity of judicial review — Injury indicators — Weighting of the data — Access to non-confidential investigation data — Rights of the defence)
Cases T-30/19 and T-72/19: Judgment of the General Court of 4 May 2022 — CRIA and CCCMC v Commission (Dumping — Subsidies — Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China — Definitive anti-dumping duty — Definitive countervailing duty — Action for annulment — Locus standi — Direct concern — Individual concern — Regulatory act which does not entail implementing measures — Interest in bringing proceedings — Injury to the Union industry — Objective examination — Causal link — Calculation of the price undercutting and the injury margin — Fair comparison of prices — Constructed import prices — Prices charged to first independent buyers — Difference in the level of trade — Complex economic assessments — Intensity of judicial review — Injury indicators — Weighting of the data — Access to non-confidential investigation data — Rights of the defence)
OJ C 266, 11.7.2022, p. 20–21
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
11.7.2022 |
EN |
Official Journal of the European Union |
C 266/20 |
Judgment of the General Court of 4 May 2022 — CRIA and CCCMC v Commission
(Cases T-30/19 and T-72/19) (1)
(Dumping - Subsidies - Imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in China - Definitive anti-dumping duty - Definitive countervailing duty - Action for annulment - Locus standi - Direct concern - Individual concern - Regulatory act which does not entail implementing measures - Interest in bringing proceedings - Injury to the Union industry - Objective examination - Causal link - Calculation of the price undercutting and the injury margin - Fair comparison of prices - Constructed import prices - Prices charged to first independent buyers - Difference in the level of trade - Complex economic assessments - Intensity of judicial review - Injury indicators - Weighting of the data - Access to non-confidential investigation data - Rights of the defence)
(2022/C 266/23)
Language of the case: English
Parties
Applicants: China Rubber Industry Association (CRIA) (Beijing, China), China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC) (Beijing) (represented by: R. Antonini, B. Maniatis and E. Monard, lawyers)
Defendant: European Commission (represented by: M. Gustafsson and G. Luengo, acting as Agents)
Intervener in support of the defendant: Marangoni SpA (Rovereto, Italy) (represented by: C. Bouvarel, A. Coelho Dias and O. Prost, lawyers)
Re:
Application, in Case T-30/19, based on Article 263 TFEU, seeking the partial annulment of Commission Implementing Regulation (EU) 2018/1579 of 18 October 2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China and repealing Implementing Regulation (EU) 2018/163 (OJ 2018 L 263, p. 3) and, in Case T-72/19, based on Article 263 TFEU seeking the partial annulment of Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China and amending Implementing Regulation 2018/1579 (OJ 2018 L 283, p. 1).
Operative part of the judgment
The Court:
1. |
Joins Cases T-30/19 and T-72/19 for the purposes of judgment; |
2. |
Annuls Commission Implementing Regulation (EU) 2018/1579 of 18 October 2018 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries, with a load index exceeding 121 originating in the People’s Republic of China and repealing Implementing Regulation (EU) 2018/163, in so far as it imposes definitive anti-dumping duties on imports of products manufactured by the following exporting producers:
|
3. |
Annuls Commission Implementing Regulation (EU) 2018/1690 of 9 November 2018 imposing definitive countervailing duties on imports of certain pneumatic tyres, new or retreaded, of rubber, of a kind used for buses or lorries and with a load index exceeding 121 originating in the People’s Republic of China and amending Implementing Regulation 2018/1579, in so far as it imposes definitive countervailing duties on imports of products manufactured by the exporting producers listed in paragraph 2 of the operative part of the present judgment, on the one hand, and by Zhongce Rubber Group Co., Ltd, on the other; |
4. |
Rejects the remainder of the heads of claim in the actions; |
5. |
Orders the European Commission to bear its own costs and to pay those incurred by China Rubber Industry Association (CRIA) and China Chamber of Commerce of Metals, Minerals & Chemicals Importers & Exporters (CCCMC), with the exception of those relating to the interventions; |
6. |
Orders Marangoni SpA to bear its own costs and to pay those incurred by CRIA and CCCMC as a result of the interventions. |