Judgment of the General Court (First Chamber) of 20 October 2021 –
Novolipetsk Steel v Commission

(Case T‑790/19)

(Measures that the European Union may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures – Importation of cold-rolled flat steel products and hot-rolled flat products of iron, non-alloy or other alloy steel – Modification of regulations imposing anti-dumping or anti-subsidy measures on products subject to safeguard measures – Principle of non-discrimination – Manifest error of assessment)

1.	Action for annulment – Admissibility – Dismissal of an action on the substance without ruling on admissibility – Discretion of the Courts of the Union (Art. 263 TFEU) (see para. 30)

Common commercial policy – Protection against dumping – Imposition of anti-dumping duties – Combination with safeguard tariff measures – Alteration of the anti-dumping duties according to whether the tariff quotas provided for in the context of safeguard measures are exhausted – No breach of the principle of equal treatment

(Charter of Fundamental Rights of the European Union, Art. 21; European Parliament and Council Regulations Nos 2015/477 and 2016/1036, Art. 9(5); Commission Regulation 2019/1382)

(see paras 46-54)

Common commercial policy – Protection against dumping – Imposition of anti-dumping duties – Combination with safeguard tariff measures – Combination leading to effects greater than is desirable in terms of the European Union’s trade defence policy – Judicial review – Manifest error of assessment – Burden of proof

(European Parliament and Council Regulation 2015/477, Art. 1(1); Commission Regulation 2019/1382)

(see paras 68-78, 86)

Re:

Application under Article 263 TFEU seeking annulment of Commission Implementing Regulation (EU) 2019/1382 of 2 September 2019 amending certain Regulations imposing anti-dumping or anti-subsidy measures on certain steel products subject to safeguard measures (OJ 2019 L 227, p. 1), in so far as it concerns the applicant.

Operative part

The Court:

1.	Dismisses the action;

2.	Orders Novolipetsk Steel PAO to bear its own costs and to pay those incurred by the European Commission.