This document is an excerpt from the EUR-Lex website
Document 62019TJ0790
Judgment of the General Court (First Chamber) of 20 October 2021.
Novolipetsk Steel PAO v European Commission.
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.
Case T-790/19.
Judgment of the General Court (First Chamber) of 20 October 2021.
Novolipetsk Steel PAO v European Commission.
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.
Case T-790/19.
ECLI identifier: ECLI:EU:T:2021:706
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) |
|
2. |
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) |
|
3. |
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. |