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

An anti-dumping measure must be applicable “only as long as, and to the extent that, it is necessary to counteract the dumping which is causing injury” (Regulation No 2016/1036, Article 11(1)). The Commission may thus fix a period of application which is less than the normal 5-year duration . The Commission may also exceptionally extend the measures after their initial expiry period, in particular …

Period of application

An anti-dumping measure must be applicable “only as long as, and to the extent that, it is necessary to counteract the dumping which is causing injury” (Regulation No 2016/1036, Article 11(1)). The Commission may thus fix a period of application which is less than the normal 5-year duration . The Commission may also exceptionally extend the measures after their initial expiry period, in particular when it has to wait for the outcome of proceedings which are simultaneously underway before the General Court to clarify the definition of the product under consideration  or in the light of the delay in completing the review, during which the original anti-dumping duties remained in force .

As a principle, the results of a review apply from the date of conclusion of the review, but not retroactively . Furthermore, the prospective nature of the measures adopted further to a review investigation suggests that the duty rates established should not be retroactive as this would result, for exporters which receive as a result of the investigation a lower duty rate than the residual duty, in an unwarranted bonus for their non-cooperation in the initial investigation .

However, in the course of the investigation, unless the review period corresponds to a suspension period , the initial duties are still levied after expiry. Thus, the decision to terminate may have a retroactive effect where the expiry review investigation is of unusual length , the investigation is terminated by reason of the withdrawal of the request for review , the review investigation is limited to the clarification of the definition of the product which is intended to be covered by the original measures . Where, in a review investigation, the Commission found that one of the basic factors on the basis of which the definitive anti-dumping duties were imposed is missing, it is bound to find that there was no dumping during the investigation period .

Case T-232/95 Cecom v Council [1998] ECR II-2679, LawLex200900001328JBJ; See, also, Council Regulation (EU) No 468/2001 of 6 March 2001, imports of certain electronic weighing scales (Japan), LawLex200900002605JBJ, which limits to 4 years the duration of application of the anti-dumping measures due to the duration and complexity of the investigation and in particular the impact of the Euro-effect on the investigation and the extent of the non-cooperation.

Council Regulation (EU) No 2722/1999 of 17 December 1999, imports of furfuraldehyde (China), LawLex200900002520JBJ.

Council Regulation (EU) No 2584/98 of 27 November 1998, imports of color television receivers (Malaysia, China, Korea, Singapore, Thailand), LawLex200900002491JBJ.

Council Regulation (EU) No 579/2003 of 27 March 2003, imports of unwrought unalloyed magnesium (China), LawLex200900002552JBJ; See, also, Council Regulation (EU) No 2380/98 of 3 November 1998, imports of leather handbags (China), LawLex200900002488JBJ, which considers that given the prospective nature of the measures adopted further to a review investigation, the duty rates established do not take retroactive effect as this would result, for exporters which receive as the result of the investigation a lower duty than the residual duty, in an unwarranted bonus for their non-cooperation in the initial investigation; the period of review does not correspond to a suspension period because, in such a case, no duty is paid.

Council Regulation (EU) No 2380/98 of 3 November 1998, imports of leather handbags (China), LawLex200900002488JBJ.

Since, in such a case, no duty is paid: Commission Decision No 97/798 of 10 November 1997, imports of certain types of electronic microcircuits known as DRAMS (Japan), LawLex201100000598JBJ.

Council Regulation (EU) No 2553/93 of 13 September 1993, imports of certain ball bearings (Japan, Singapore), LawLex200900002472JBJ.

Council Regulation (EU) No 2655/93 of 27 September 1993, imports into the Community of tapered roller bearings (Japan), LawLex200900002476JBJ.

Council Regulation (EU) No 2788/2000 of 18 December 2000, imports of unwrought unalloyed magnesium (China), LawLex200900002598JBJ; No 1976/1999 of 13 September 1999, imports of ferro-chrome with a carbon content by weight of maximum 0.5 % (low carbon ferro-chrome), LawLex200900002513JBJ; No 1696/2002 of 23 September 2002, imports of television camera systems (Japan), LawLex200900002561JBJ, regarding the addition of new models of exempted products in annex to the initial regulation.

Case T-7/99 Medici Grimm v Council [2000] ECR II-2671, LawLex200800000095JBJ.

European Business Law

471. Period of application

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

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

471. Period of application

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