Keywords
Summary

Keywords

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Action for annulment - Natural or legal persons - Measures of direct and individual concern to them - Regulation imposing anti-dumping duties - Importer-user of the product concerned

(EEC Treaty, Art. 173, second para.).

Summary

Although it is true that, in the light of the criteria set out in the second paragraph of Article 173 of the Treaty, regulations imposing anti-dumping duties are in fact, as regards their nature and their scope, of a legislative character inasmuch as they apply to all the traders concerned, taken as a whole, their provisions may none the less be of individual concern to certain traders.

It follows that measures imposing anti-dumping duties may, without losing their character as regulations, be of individual concern in certain circumstances to certain traders who therefore have standing to bring an action for their annulment.

That is the case, in general, with regard to producers and exporters who are able to establish that they were identified in the measures adopted by the Commission or the Council or were concerned by the preliminary measures, and with regard to importers whose retail prices for the goods in question have been used as a basis for establishing the export price.

A trader who is both the largest importer and the end-user of the product forming the subject-matter of the anti-dumping measure and who demonstrates that his business activities depend to a very large extent on his imports and are seriously affected by the contested regulation in view of the limited number of manufacturers of the product concerned and of the difficulties which he encounters in obtaining supplies from the sole Community producer, his main competitor for the processed product, must also be deemed to be individually concerned.

That set of factors constitutes a situation peculiar to that trader and differentiates him, with regard to the measure in question, from all other traders.