T-170/09

Judgment of the General Court (Seventh Chamber) of 10 October 2012 — Shanghai Biaowu High-Tensile Fasteners and Shanghai Prime Machinery v Council (Case T-170/09) Dumping — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adopting the decision on that treatment — Principle of sound administration — Burden of proof — Duty to state reasons — Article 2(7)(b) and (c) and (10) of Regulation (EC) No 384/96 (now Article 2(7)(b) and (c) and (10) of Regulation (EC) No 1225/2009) 1.                     Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Regulation imposing anti-dumping duties — Varying duties imposed on a series of undertakings — Admissibility limited, for each undertaking, to the provisions of the regulation concerning it (Art. 230, fourth para., EC) (see paras 42, 43) 2.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of normal value — Imports from countries not having a market economy as referred to in Article 2(7)(b) of Regulation No 384/96 — Procedure for assessing the conditions allowing a producer to benefit from market economy treatment — Commission exceeding the three-month time-limit laid down by Article 2(7)(c), second paragraph, of that regulation — Consequences (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(c)) (see paras 45, 48-50, 52, 54, 59, 60, 62) 3.                     European Union law — Interpretation — Methods — Literal, systematic, historic and teleological interpretation — Account to be taken of the reasoning for the measure in question (see paras 68-70) 4.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Imports from countries not having a market economy as referred to in Article 2(7)(b) of Regulation No 384/96 — Application of the rules for countries with a market economy — Strict interpretation (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(a) and (b)) (see paras 74-78, 82-84, 87-89) 5.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Granting of market economy operator status — Conditions — Burden of proof on producers — Assessment of evidence a matter for the institutions — Judicial review — Limits (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see paras 91, 92, 99, 100) 6.                     Common commercial policy — Protection against dumping — Dumping margin — Determination of the normal value — Granting of market economy operator status — Conditions — Burden of proof on producers — Not unreasonable (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(b) and (c)) (see paras 106-108) 7.                     Common commercial policy — Protection against dumping — Dumping margin — Comparison between the normal value and the export price — Adjustments — Differences in raw material prices affecting the prices of the products concerned — Differences in price to be demonstrated in the context of a single domestic market and not in relation to other markets (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Art. 2(7)(a) and (10)(k)) (see paras 122, 123) 8.                     Acts of the institutions — Statement of reasons — Obligation — Scope — Regulations imposing anti-dumping duties (Art. 253 EC) (see para. 126) 9.                     Common commercial policy — Protection against dumping — Investigation — Observance of the rights of the defence — Duty of institutions to ensure that undertakings concerned kept informed (Council Regulation No 384/96, as amended by Regulation No 1225/2009, Arts 6(7) and 20(1)) (see paras 130-132, 135) Re: APPLICATION 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 action; 2. Orders Shanghai Biaowu High-Tensile Fasteners Co. Ltd and Shanghai Prime Machinery Co. Ltd to bear their own costs and to pay those of the Council of the European Union and of the European Industrial Fasteners Institute AISBL; 3. Orders the European Commission to bear its own costs.