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

The anti-dumping regulation does not specify the concept of interested parties to the proceedings. The text of Article 5(11), on the initiation of proceedings, seems to include the following in the definition: exporters, importers, representative associations of importers or exporters known to be concerned, representatives of the exporting country and complainants. The same list appears in Article …

Status as interested parties

The anti-dumping regulation does not specify the concept of interested parties to the proceedings. The text of Article 5(11), on the initiation of proceedings, seems to include the following in the definition: exporters, importers, representative associations of importers or exporters known to be concerned, representatives of the exporting country and complainants. The same list appears in Article 20 on disclosure to the parties.

The definition given by the 1994 Antidumping Code, which was used as basis when drafting the anti-dumping regulation and is used as guidelines by the Commission, gives the status of interested parties to consumer organizations. According to the European court, consumer organizations may claim the status of interested party even if the products subject to proceedings are not directly intended to consumers but undergo processes of transformation. The adoption of anti-dumping measures with respect to intermediary products may actually have an impact on the price of the processed products or on the range of products available . In all events, in order to claim the status of interested party, it is necessary to prove that there is an objective link between the party's activities, on the one hand, and the product under proceedings, on the other . 

The interested parties, which have made themselves known within the required time-limits, may present their views in writing, submit information and be heard, depending on the time-limits set forth in the notice of initiation of the proceedings (Regulation No 2016/1036, Article 5(10)), be heard if there are particular reasons why the trader in question should be heard (Art. 6(5)) and have access to non-confidential information (Art. 6(7) and (19)). As part of the investigation, some interested parties, such as importers, exporters, representatives of the government of the exporting country and the complainants, may further request to meet the parties with adverse interests (Art. 6(6)).

Case T-256/97 BEUC v Commission [1999] ECR II-169, LawLex200900001345JBJ.

European Business Law

444. Status as interested parties

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444. Status as interested parties

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