Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61982J0239
Název:
Title: 		JUDGMENT OF THE COURT OF 21 FEBRUARY 1984. ALLIED CORPORATION, MICHEL LEVY MORELLE, TRANSCONTINENTAL FERTILIZER COMPANY AND KAISER ALUMINIUM AND CHEMICAL CORPORATION V COMMISSION OF THE EUROPEAN COMMUNITIES. ANTI-DUMPING DUTIES. JOINED CASES 239/82 AND 275/82.
Publikace:
Publication:		REPORTS OF CASES 1984 PAGES 1005 - 1036
Předmět (klíčová slova):
Keywords		COMMERCIAL POLICY;DUMPING;
Související předpisy:
Corresponding acts:		382R1976;382R2302
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. MEASURES IMPOSING ANTI-DUMPING DUTIES, ADOPTED PURSUANT TO REGULATION (EEC) NO 3017/79, ARE LIABLE TO BE OF DIRECT AND INDIVIDUAL CONCERN, WITHIN THE MEANING OF THE SECOND PARAGRAPH OF ARTICLE 173 OF THE EEC TREATY, TO ANY PRODUCERS AND EXPORTERS WHO ARE ABLE TO ESTABLISH THAT THEY WERE IDENTIFIED IN THE MEASURES ADOPTED BY THE COMMISSION OR THE COUNCIL OR WERE AFFECTED BY THE PRELIMINARY INVESTIGATIONS. THE POSITION IS DIFFERENT IN THE CASE OF AN IMPORTER ESTABLISHED IN THE COMMUNITY WHO IS NOT REFERRED TO IN THESE MEASURES AND WHO IS CONCERNED BY A REGULATION IMPOSING ANTI-DUMPING DUTIES ONLY IN SO FAR AS THE IMPORTER IN QUESTION OBJECTIVELY FALLS WITHIN THE SCOPE OF THAT REGULATION.

2.IT IS CLEAR FROM ARTICLE 10 (6) OF REGULATION NO 3017/79 THAT WHERE AN UNDERTAKING TO REVIEW PRICES WHICH WAS GIVEN IN CONNECTION WITH AN ANTI-DUMPING PROCEEDING HAS BEEN WITHDRAWN, THE COMMISSION MUST PROMPTLY APPLY PROVISIONAL MEASURES IF IT CONSIDERS THAT THE INTERESTS OF THE COMMUNITY CALL FOR SUCH ACTION. THE COMMISSION IS NOT REQUIRED TO CONDUCT A FURTHER INVESTIGATION AND MUST NORMALLY TAKE A DECISION ON THE BASIS OF THE INFORMATION WHICH WAS AT ITS DISPOSAL WHEN THE UNDERTAKINGS WHICH HAVE BEEN WITHDRAWN WERE GIVEN. IF A TRADER, WHEN WITHDRAWING HIS UNDERTAKING, CONSIDERS THAT THERE ARE GROUNDS JUSTIFYING A REVIEW OF HIS POSITION AND A GRANT OF EXEMPTION FROM ANY ANTI-DUMPING DUTY IN SPITE OF THE WITHDRAWAL OF SUCH UNDERTAKING, IT IS INCUMBENT ON HIM TO SUBMIT TO THE COMMISSION APPROPRIATE EVIDENCE IN SUPPORT OF HIS VIEW.

Plný text judikátu (Entire text of the Judgment):