CJEU Case C-461/18 P / Judgment
Key facts of the case:

Appeal – Dumping – Imports of tartaric acid originating in China – Appeal brought by an intervener at first instance – Second sentence of the second paragraph of Article 56 of the Statute of the Court of Justice of the European Union – Partial interim review – Loss of market economy treatment during the review procedure – Modification of the definitive anti-dumping duty – Determination of the normal value – Article 11(9) of Regulation (EC) No 1225/2009 – Cross-appeal – Action for annulment brought by competing producers established in the European Union – Admissibility – Direct concern – Allocation of powers to comply with a judgment.

Outcome of the case:

On those grounds, the Court (Second Chamber) hereby:

Dismisses the main appeal;

Sets aside point 2 of the operative part of the judgment of the General Court of the European Union of 3 May 2018, Distillerie Bonollo and Others v Council (T‑431/12, EU:T:2018:251), in so far as the General Court of the European Union thereby required the Council of the European Union to take the measures necessary to comply with that judgment;

Dismisses the cross-appeal as to the remainder;

Orders Changmao Biochemical Engineering Co. Ltd to bear its own costs and to pay those incurred by Distillerie Bonollo SpA, Industria Chimica Valenzana (ICV) SpA, Distillerie Mazzari SpA and Caviro Distillerie Srl as well as by the Council of the European Union and the European Commission in relation to the main appeal;

Orders the European Commission to bear its own costs and to pay four fifths of the costs incurred by Distillerie Bonollo SpA, Industria Chimica Valenzana (ICV) SpA, Distillerie Mazzari SpA and Caviro Distillerie Srl in relation to the cross-appeal;

Orders Changmao Biochemical Engineering Co. Ltd and the Council of the European Union to bear their own costs relating to the cross-appeal.
Paragraphs referring to EU Charter

55) The conditions of admissibility laid down in that provision must be interpreted in the light of the fundamental right to effective judicial protection, as enshrined in Article 47 of the Charter of Fundamental Rights of the European Union, but such an interpretation cannot have the effect of setting aside those conditions, which are expressly laid down in the FEU Treaty (judgment of 28 April 2015, T & L Sugars and Sidul Açúcare v Commission, C‑456/13 P, EU:C:2015:284, paragraph 44 and the case-law cited).

...

139) The Commission maintains that it is the General Court’s interpretation that should be adopted. In its view, it can be inferred from the overall context of Article 11(9) of the basic regulation that the objective of that provision is to ensure legal certainty for all undertakings affected by the anti-dumping measures. Consequently, the Commission claims that that provision can be regarded, in the context of review procedures such as the partial interim review that led to the adoption of the regulation at issue, as the expression of the general principle of equal treatment now enshrined in Article 20 of the Charter of Fundamental Rights of the European Union. The General Court’s reasoning in the judgment under appeal is, according to the Commission, in line with that interpretation.

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CJEU Case C-461/18 P / Judgment

Χάρτης των Θεμελιωδών Δικαιωμάτων της Ευρωπαϊκής Ένωσης