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CJEU Case C-461/18 P / Opinion

Changmao Biochemical Engineering Co. Ltd v Distillerie Bonollo SpA and Others

Policy area:
External relations
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Type:
Opinion
Decision date:
23/04/2020
ECLI:
ECLI:EU:C:2020:298

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:

I therefore propose that the Court should:

– set aside the judgment of 3 May 2018, Distillerie Bonollo and Others v Council (T‑431/12, EU:T:2018:251);

– refer the case back to the General Court of the European Union;

– reserve the costs relating to the main appeal;

– uphold the cross-appeal in so far as it seeks to have the second paragraph of the operative part of the judgment of 3 May 2018, Distillerie Bonollo and Others v Council (T‑431/12, EU:T:2018:251) set aside to the extent that it provides for the Council of the European Union to take the measures necessary to comply with that judgment;

– dismiss the cross-appeal as to the remainder;

– order the European Commission to bear its own costs relating to the cross-appeal 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 relating to the cross-appeal;

– order Distillerie Bonollo SpA, Industria Chimica Valenzana (ICV) SpA, Distillerie Mazzari SpA and Caviro Distillerie Srl to bear one-fifth of their own costs relating to the cross-appeal; and – order the Council of the European Union and Changmao Biochemical Engineering Co. Ltd to bear their own costs relating to the cross-appeal.