European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

According to Article 6(9) of Regulation No 2016/1036, the investigation period must, whenever possible, be limited to one year where the proceedings are initiated following a complaint and, in all cases, to a maximum of fifteen months. This time-period is mandatory : if the Commission fails to adopt definite anti-dumping measures within fifteen months following the initiation of proceedings, such  …

Maximum time-limit of fifteen months

According to Article 6(9) of Regulation No 2016/1036, the investigation period must, whenever possible, be limited to one year where the proceedings are initiated following a complaint and, in all cases, to a maximum of fifteen months. This time-period is mandatory : if the Commission fails to adopt definite anti-dumping measures within fifteen months following the initiation of proceedings, such measures cannot be imposed and the provisional measures lapse . 

Case T-35/01 Shanghai Teraoka Electronic v Council [2004] ECR II-3663, LawLex200900001352JBJ. Under the former basic regulation, it was sufficient for the time limit to be reasonable for case law to validate a time limit greater than the one-year time limit fixed by the provision: See Case C-121/86 Epicheiriseon Metalleftikon Viomichanikon kai Naftiliakon and others v Council [1989] ECR 3919, LawLex200900000451JBJ (duration of four years justified by the complexity of the proceedings and the contradictory conclusions reached by the experts); Council Regulation (EU) No 771/98 of 7 April1998, imports of tungsten carbide and fused tungsten carbide (China), LawLex200900002479JBJ (the normal period was exceeded due to the complexity of the investigation and the difficulties encountered in obtaining reliable data on an appropriate analogue country); No 1114/97 of 17 June 1997, imports of outer rings of tapered roller bearings (Japan), LawLex200900002430JBJ (the normal period was exceeded because of the complexity of the assessment of the injury and causal link which was mainly due to the high number and degree of diversity of the types of products); Commission Decision No 98/19 of 6 January 1998, imports of video tapes in cassettes (Hong-Kong, Korea), LawLex201100000599JBJ (the normal period was exceeded in the main due to the voluminous data to be analyzed for a basic product sold in many varieties, the fact that the quantity of transactions was extremely large and the extensions granted for replying to questionnaires); See for examples of unreasonable durations: Case T-163/94 NTN Corporation v Council [1995] ECR II-1381, LawLex200900001274JBJ (duration greater than three years justified neither by the complexity of the data to be gathered and examined, nor by the re-examination of the profitability of the Union production).

Council Regulation (EU) No 173/2000 of 24 January 2000, imports of certain large aluminium electrolytic capacitors (Japan, Korea, Taiwan), LawLex200900002521JBJ.

European Business Law

438. Maximum time-limit of fifteen months

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Les notions juridiques connexes

438. Maximum time-limit of fifteen months

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise