Judgment of the General Court Seventh Chamber, Extended Composition, 21 December 2022, EOC Belgium v Commission, T-747/20
Date | 21 December 2022 |
Year | 2022 |
66
FEU Treaty create a right, on the part of a competitor of an undertaking benefiting from a national
measure, not to be subject to competition distorted by such a measure. It concluded that a
Commission decision that had been adopted in the field of State aid and was liable to place an
economic operator in an unfavourable competitive position could be regarded as directly affecting
the legal situation of that operator. In the present case, the General Court holds, in the same way, that
the interests of some of the users of the product concerned in having their competitive situation
protected from the distortion which might result from a measure adopted by the Commission under
the basic anti-dumping regulation
134
fall within the Union interest within the meaning of Article 21(1)
of that regulation, given that the objective of that regulation is not merely to restore the competitive
position of Union industry producers, but also to preserve effective competition within the internal
market. Consequently, users of the product concerned, such as the applicants, have the right not to
be subject to distorted competition caused by an act adopted by the Commission under the basic
regulation. In view of the existence of that right, the exemption at issue, which is capable of infringing
it, has effects on the legal situation of the applicants and is therefore of direct concern to them.
Thirdly, as regards the classification of the provision governing the exemption at issue as a
challengeable act, the Court holds that the requirement, introduced by the judgment in IBM, for the
binding legal effects of the contested measure to be capable of affecting the interests of the applicant,
by bringing about a distinct change in its legal position, is not applicable to natural or legal persons
who are not addressees of the contested act and already meet the conditions laid down in the third
limb of the fourth paragraph of Article 263 TFEU.
As to the substance, the Court rejects a plea alleging infringement of Article 9(5) of the basic anti-
dumping regulation which had been raised on the basis that the exemption at issue discriminates
between PVA users within the European Union. Under that provision, anti-dumping duties must be
imposed in the appropriate amounts in each case, on a non-discriminatory basis, on imports of a
product from all sources found to be dumped and causing injury. In that regard, the Court holds,
having regard to the way in which the corresponding provision of the Agreement on Implementation
of Article VI of the Anti-Dumping Agreement
135
– namely the first sentence of Article 9.2 thereof – has
been interpreted by the WTO bodies involved in the dispute settlement process, that Article 9(5) of
the basic anti-dumping regulation cannot be interpreted as meaning that the discrimination to which
it refers covers a difference in the treatment of users of the product concerned established in the
territory of the WTO member imposing the anti-dumping duties.
In addition, the Court observes that it is not apparent from the documents in the file that the
exemption at issue would give rise to de facto discrimination between Chinese exporters of PVAs.
In the light of those considerations, the Court dismisses the action in its entirety.
Judgment of the General Court (Seventh Chamber, Extended Composition), 21 December
2022, EOC Belgium v Commission, T-747/20
Anti-dumping – Imports of certain polyvinyl alcohols originating in the People’s Republic of China –
Definitive anti-dumping duties – Exemption of imports for a particular end-use – Severability – Regulatory
act entailing implementing measures – Direct concern – Challengeable act – First subparagraph of
Article 9(5) of Regulation (EU) 2016/1036 – Duty imposed on a non-discriminatory basis – Equal treatment
and non-discrimination
134
Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from
countries not members of the European Union (OJ 2016 L 176, p. 21; ‘the basic anti-dumping regulation’), Article 21(1).
135
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (OJ 1994 L 336, p. 103).
To continue reading
Request your trial