Keywords
Summary

Keywords

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Common commercial policy ° Protection against dumping ° Injury ° Establishment of causal link ° Obligations of the institutions ° Account taken of factors unconnected with dumping

(Council Regulation No 2423/88, Art. 4(1))

Summary

Under Article 4(1) of the basic anti-dumping regulation (No 2423/88), the Council and the Commission are under an obligation, when determining the injury, to consider whether the injury caused to the Community industry actually derived from dumped imports. By virtue of that provision, they must disregard any injury deriving from other factors, in particular from the conduct of Community producers themselves.

It cannot be concluded that the Community institutions have properly determined the injury if none of the information produced to the Court shows that they actually considered whether the Community industry itself might have contributed to the injury through its refusal to supply the operator who obtained dumped imports and that they established that the factors, unconnected with any dumping, alleged by that importer were not the cause of the injury established.