Judgments (Information) nº T-459/07 of The General Court, July 11, 2013

• Resolution Date: July 11, 2013
• Issuing Organization: The General Court
• Decision Number: T-459/07

Judgment of the General Court (Fifth Chamber) of 11 July 2013 —Hangzhou Duralamp Electronics v Council (Case T‑459/07)

Dumping — Imports of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines — Expiry of anti-dumping measures — Review — Like product — Data used to determine the injury — Similar country — Community interest — Article 4(1) and Article 5(4) of Regulation (EC) No 384/96 (now Article 4(1) and Article 5(4) of Regulation (EC) No 1225/2009) — Obligation to state reasons — Rights of the defence

1. Actions for annulment — Admissibility — Decision to dismiss the action on the merits without ruling on admissibility — Discretion of the EU judicature (see paras 60, 61)

2. Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Price charged in the ordinary course of trade — Price of similar product in the exporting country — Concept of ‘similar product’ — Factors to be taken into consideration — Discretion of the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 1(2) and (4)) (see paras 67-75)

3. International agreements — Agreement establishing the World Trade Organisation — 1994 GATT — Direct effect — None — Not possible to invoke WTO agreements to challenge the legality of an EU measure — Exceptions — EU measure intended to ensure its implementation or referring thereto expressly and precisely (Art. 263, first para., TFEU; General Agreement on Tariffs and Trade of 1994, Art. 2(1) and (6)) (see paras 76-79)

4. Union law — Interpretation — Methods — Interpretation having regard to international agreements concluded by the Community –Interpretation of Regulation No 384/96 having regard to the anti-dumping code of the GATT of 1994 (Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade, ‘1994 Anti-dumping Code’; Council Regulation No 384/96, as amended by Regulation No 1225/2009) (see para. 80)

5. Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Unclear — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 82, 83)

6. Acts of the institutions — Statement of reasons — Obligation — Scope — Regulation imposing anti-dumping duties (Art. 296...