Judgment of the Court of Justice in Case C-461/18 P Changmao v. Distillerie Bonollo and Others

Abstract

In Case C-461/18 P Changmao v. Distillerie Bonollo and Others, the Court of Justice of the EU clarified the conditions under which the EU industry and EU producers can challenge a regulation imposing anti-dumping duties, where they consider that those duties are set too low. Contrary to the analysis proposed by the Advocate General, the Court of Justice does not recognize a ‘right to an imposition of an anti-dumping duty’. Rather, it bases direct concern on the specific role the Union industry plays in the administrative procedure. The Court also clarifies the effects of annulment: Where the EU Courts annul a regulation terminating an interim review, the effect of annulment is that the duty as originally imposed applies. Finally, the Court also adopts a very narrow interpretation of the notion of ‘change in circumstances’ pursuant to Article 11(9) of the basic Regulation. Standing before the EU Courts, Direct Concern, Standing of EU Industry, Implementation of judgments, Interest in bringing an appeal, Effect of annulment, Change in circumstances, No right to antidumping duty, Judicial control under Article 13 World Trade Organization Antidumping Agreement (WTO ADA), Interpretation in conformity of EU primary law