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Document 62015CJ0031
Judgment of the Court (Eighth Chamber) of 2 June 2016.
Photo USA Electronic Graphic, Inc. v Council of the European Union.
Appeal — Dumping — Implementing Regulation (EU) No 412/2013 — Imports of ceramic tableware and kitchenware originating in China — Definitive anti-dumping duty.
Case C-31/15 P.
Judgment of the Court (Eighth Chamber) of 2 June 2016.
Photo USA Electronic Graphic, Inc. v Council of the European Union.
Appeal — Dumping — Implementing Regulation (EU) No 412/2013 — Imports of ceramic tableware and kitchenware originating in China — Definitive anti-dumping duty.
Case C-31/15 P.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the Court (Eighth Chamber) of 2 June 2016 —
Photo USA Electronic Graphic v Council
(Case C‑31/15 P) ( 1 )
‛Appeal — Dumping — Implementing Regulation (EU) No 412/2013 — Imports of ceramic tableware and kitchenware originating in China — Definitive anti-dumping duty’
1. |
Common commercial policy — Protection against dumping — Investigation — Definition of the product concerned — Factors capable of being taken into account — Judicial review — Manifest error of assessment — Burden of proof (see paras 38-46) |
2. |
Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 50-52) |
3. |
Common commercial policy — Protection against dumping — Injury/damage — Establishing a causal link — Obligations of the institutions — Taking into account of matters extraneous to the dumping — Discretion — Judicial review — Limits (Council Regulation No 1225/2009, Arts 3(2) and 7) (see paras 61-66) |
4. |
Appeal — Grounds — No distortion of the clear sense of the evidence (see para. 74) |
5. |
Common commercial policy — Protection against dumping — Injury — Establishing a causal link — Obligations of the institutions — Taking into account of matters extraneous to the dumping — Impact of such factors on the establishment of a causal link — Judicial review — Manifest error of assessment — Burden of proof (Council Regulations No1225/2009, Art. 3(7) and No 412/2013) (see paras 79-82) |
Operative part
The Court:
1. |
Dismisses the appeal; |
2. |
Orders Photo USA Electronic Graphic Inc. to pay the costs. |
( 1 ) OJ C 89, 16.3.2015.