2017 Court judgments Conference on Trade Defence Instruments 26 - PowerPoint PPT Presentation

2017 Court judgments Conference on Trade Defence Instruments 26 October 2018

Disclaimer The views expressed are personal and may not in any circumstances be regarded as stating an official position of the European Commission.

2017 Court judgments on TDI cases – overview in numbers • Scope: judgments by the ECJ on TDI cases in 2017 • Overall 27 cases and appeals • 15 before the General Court • 12 appeals • + 2 preliminary rulings • Commission won 17 out of 27 • 10 of 15 before the General Court • 7 of 12 appeals

2017 Court judgments on TDI cases – common threads • Right of defence • Clarifications & Interpretation of the anti- dumping regulation • Circumvention cases • Rights of related or unrelated importers and conditions for access to the European Courts • Other issues such as customs and severability of trade defence measures

2017 Court judgments on TDI cases – right of defence • Case T-442/12 Changmao Biochemical v Council • Case T-460/14 AETMD v Council • Case T-422/13 CPME v Council

Right of defence (2) Case T-442/12 Changmao Biochemical v Council • Product: Tartaric acid • Country: China • Stage of the TD procedure: interim review • Action brought by: Chinese exporting producer • Contested act: Council Implementing Regulation • Legal question: sensitive commercial information vs interested party’s right of defence of their substance

Right of defence (1) Case T-460/14 AETMD v Council • Product: sweetcorn • Country: Thailand • Stage of the TD procedure: interim review • Action brought by: Union industry - association • Contested act: Council Implementing Regulation • Legal questions: genuine lasting change of circumstances? Confidentiality of the evidence? • Of note – role of the hearing officer

Right of defence (3) Case T-422/13 CPME v Council • Product: Polyethylene • Country: India, Thailand, Taiwan, Indonesia, Malaysia • Stage of the TD procedure: expiry review • Action brought by: Union industry - committee • Contested act: Council Implementing Decision • Legal questions: manifest error of assessment in the analysis of the likelihood of recurrence of injury? Claim for damages by the Union industry

2017 Court judgments on TDI cases – interpretation of the basic regulation • Case C-61/16P EBMA v Giant (China) • Case T-512/09 RENV Armenal v Council

Interpretation of the basic regulation (1) – Case C-61/16P EBMA v Giant • Product: Bicycles • Country: China • Stage of the TD procedure: whether an individual ADD should be calculated for Giant • Appeal brought by: EBMA - Union industry supported by Council and Commission • Contested act: Council Regulation • Legal questions: Article 18(1) of Regulation 1225/2009 – concept of ‘necessary information’

Interpretation of the basic regulation (2) – Case T-512/09 RENV Rusal Armenal v Council • Product: Aluminium foil • Country: Armenia, Brazil, China • Stage TD procedure: MET claim - conditions • Appeal brought by: Commission • Contested act: Council Regulation of 2009 • Legal questions: interpretation of Article 2(7) of Regulation 384/96 –calculation of the normal value for non-market economies – compatibility with WTO ADA

Conclusion • Protection of rights of defence – procedural errors over correct substantive assessment – is it (becoming) a trend? • Important clarifications of the interpretation of the basic Regulation – first time interpretation of certain provisions • A rich year in terms of case-law in TD matters