Source: All England Reporter
Publisher Citation: [2002] All ER (D) 77 (Jul)
Court: Court of First Instance of the European Communities (Fourth Chamber)
Judge:

Judges Vilaras (President), Tiili and Mengozzi

Judgment Dates: 4 July 2002

Catchwords

European Community - Commercial policy - Anti-dumping duties - Applicant importing Dynamic Random Access Memories (DRAM's) from Japan - Regulation exempting DRAM's from anti-dumping duties on basis of price undertakings - Regulation requiring that price undertaking documents in requisite form accompanying DRAM's - Invoices from supplier of DRAM's accompanying manufacturers price undertaking documents - United Kingdom Customs Authorities declaring documents invalid and goods therefore subject to anti-dumping duties - Applicant paying anti-dumping duty - Investigation finding that supplier fraudulently using price undertaking documents - Commission decision stating repayment of anti-dumping duty to supplier not justified - Whether decision vitiated by manifest error of assessment - Commission Regulation (EEC) 165/90 - Council Regulation (EEC) 2112/90 - Commission Decision (C (2000) 1684 final).

The Case

The Court of First Instance of the European Communities dismissed an application for annulment of Commission Decision (C (2000) 1684 final) which stated that repayment of anti-dumping duties was not justified.

Practice Areas

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