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Document 62012CJ0601
Ningbo Yonghong Fasteners v Council
Ningbo Yonghong Fasteners v Council
Judgment of the Court (Seventh Chamber) of 27 February 2014 — Ningbo Yonghong Fasteners v Council
(Case C‑601/12 P)
‛Appeal — Dumping — Regulation (EC) No 384/96 — Second subparagraph of Article 2(7)(c) — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adoption of the related decision exceeded — Effect’
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1. |
Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries as referred to in Article 2(7)(b) of Regulation No 384/96 — Procedure for assessing the conditions enabling a producer to benefit from market economy treatment — Three-month time-limit laid down in the second subparagraph of Article 2(7)(c) of Regulation No 384/96 exceeded by the Commission — Consequences (Council Regulation No 384/96, Art. 2(7)(c)) (see paras 29-31, 34, 35, 40) |
|
2. |
Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 32, 47-49) |
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3. |
Appeals — Grounds — Plea directed against a superfluous ground — Invalid ground of appeal — Rejection (Art. 256(1) TFEU) (see paras 50, 51) |
Re:
Appeal brought against the judgment of 10 October 2012 in Case T‑150/09 Ningbo Yonghong Fasteners Co. Ltd v Council, by which the General Court (Seventh Chamber) dismissed an action for the partial annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 29, p. 1).
Operative part
The Court:
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1. |
Dismisses the appeal; |
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2. |
Orders Ningbo Yonghong Fasteners Co. Ltd to pay the costs incurred by the Council of the European Union in the present proceedings; |
|
3. |
Orders the European Commission and the European Industrial Fasteners Institute AISBL (EIFI) each to bear its own costs. |
Judgment of the Court (Seventh Chamber) of 27 February 2014 — Ningbo Yonghong Fasteners v Council
(Case C‑601/12 P)
‛Appeal — Dumping — Regulation (EC) No 384/96 — Second subparagraph of Article 2(7)(c) — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adoption of the related decision exceeded — Effect’
|
1. |
Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from non-market economy countries as referred to in Article 2(7)(b) of Regulation No 384/96 — Procedure for assessing the conditions enabling a producer to benefit from market economy treatment — Three-month time-limit laid down in the second subparagraph of Article 2(7)(c) of Regulation No 384/96 exceeded by the Commission — Consequences (Council Regulation No 384/96, Art. 2(7)(c)) (see paras 29-31, 34, 35, 40) |
|
2. |
Appeals — Grounds — Mistaken assessment of the facts — Inadmissibility — Review by the Court of the findings of fact — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 32, 47-49) |
|
3. |
Appeals — Grounds — Plea directed against a superfluous ground — Invalid ground of appeal — Rejection (Art. 256(1) TFEU) (see paras 50, 51) |
Re:
Appeal brought against the judgment of 10 October 2012 in Case T‑150/09 Ningbo Yonghong Fasteners Co. Ltd v Council, by which the General Court (Seventh Chamber) dismissed an action for the partial annulment of Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China (OJ 2009 L 29, p. 1).
Operative part
The Court:
|
1. |
Dismisses the appeal; |
|
2. |
Orders Ningbo Yonghong Fasteners Co. Ltd to pay the costs incurred by the Council of the European Union in the present proceedings; |
|
3. |
Orders the European Commission and the European Industrial Fasteners Institute AISBL (EIFI) each to bear its own costs. |