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Dokument 62000CJ0076
Judgment of the Court (Fifth Chamber) of 9 January 2003. # Petrotub SA and Republica SA v Council of the European Union. # Appeal - Protection against dumping - Determination of the dumping margin - Choice of the 'asymmetrical' calculation method - Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT - Statement of reasons - Determination of normal value - Taking into account of sales made using compensation - Statement of reasons. # Case C-76/00 P.
Judgment of the Court (Fifth Chamber) of 9 January 2003.
Petrotub SA and Republica SA v Council of the European Union.
Appeal - Protection against dumping - Determination of the dumping margin - Choice of the 'asymmetrical' calculation method - Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT - Statement of reasons - Determination of normal value - Taking into account of sales made using compensation - Statement of reasons.
Case C-76/00 P.
Judgment of the Court (Fifth Chamber) of 9 January 2003.
Petrotub SA and Republica SA v Council of the European Union.
Appeal - Protection against dumping - Determination of the dumping margin - Choice of the 'asymmetrical' calculation method - Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT - Statement of reasons - Determination of normal value - Taking into account of sales made using compensation - Statement of reasons.
Case C-76/00 P.
Izvješća Suda EU-a 2003 I-00079
Oznaka ECLI: ECLI:EU:C:2003:4
«(Appeal – Protection against dumping – Determination of the dumping margin – Choice of the asymmetrical calculation method – Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT – Statement of reasons – Determination of normal value – Taking into account of sales made using compensation – Statement of reasons)»
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(Art. 225 EC; EC Statute of the Court of Justice, Art. 51, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c))
(Council Regulation No 384/96, Art. 2(11))
(Art. 230 EC; General Agreement on Tariffs and Trade 1994)
(EC Treaty, Art. 190 (now Art. 253 EC); Council Regulation No 384/96, Art. 2(11); Agreement on Implementation of Article VI
of the General Agreement on Tariffs and Trade,
1994 Anti-dumping Code, Art. 2.4.2)
(EC Treaty, Art. 190 (now Art. 253 EC))
(EC Treaty, Art. 190 (now Art. 253 EC); Council Regulation No 384/96, Art. 2(1), first and third subparas)
JUDGMENT OF THE COURT (Fifth Chamber)
9 January 2003 (1)
((Appeal – Protection against dumping – Determination of the dumping margin – Choice of the asymmetrical calculation method – Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT – Statement of reasons – Determination of normal value – Taking into account of sales made using compensation – Statement of reasons))
In Case C-76/00 P, Petrotub SA, established in Roman (Romania),and Republica SA, established in Bucharest (Romania),represented by A. Merckx, avocat, and P. Bentley QC, with an address for service in Luxembourg,appellants,
TWO APPEALS against the judgment of the Court of First Instance of the European Communities (Second Chamber, Extended Composition) of 15 December 1999 in Joined Cases T-33/98 and T-34/98 Petrotub and Republica v Council [1999] ECR II-3837, seeking to have that judgment set aside, the other parties to the proceedings being: Council of the European Union , represented by S. Marquardt, acting as Agent, assisted by G. Berrisch, Rechtsanwalt, with an address for service in Luxembourg,defendant at first instance, and Commission of the European Communities, represented by V. Kreuschitz and S. Meany, acting as Agents, with an address for service in Luxembourg,intervener at first instance,
THE COURT (Fifth Chamber),,
having regard to the Report for the Hearing,
after hearing oral argument from the parties at the hearing on 30 January 2002, at which Petrotub SA and Republica SA were represented by P. Bentley, the Council by G. Berrisch and the Commission by V. Kreuschitz and S. Meany,after hearing the Opinion of the Advocate General at the sitting on 25 April 2002,
gives the following
On those grounds,
THE COURT (Fifth Chamber)
hereby:
Wathelet |
Timmermans |
Edward |
La Pergola |
Jann |
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R. Grass |
M. Wathelet |
Registrar |
President of the Fifth Chamber |