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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> NACHI Europe (Commercial policy) [2001] EUECJ C-239/99 (15 February 2001) URL: https://www.bailii.org/eu/cases/EUECJ/2001/C23999.html Cite as: EU:C:2001:101, [2001] ECR I-1197, [2001] EUECJ C-239/99, Case C-239/99, ECLI:EU:C:2001:101 |
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JUDGMENT OF THE COURT
15 February 2001 (1)
(Common commercial policy - Anti-dumping measures - Article 1(2) of Regulation (EEC) No 2849/92 - Modification of the definitive anti-dumping duty on imports of ball bearings with a greatest external diameter exceeding 30 mm originating in Japan - Reference for a preliminary ruling on whether that regulation is valid - Failure by the plaintiff in the main proceedings to bring an action seeking annulment of the regulation)
In Case C-239/99,
REFERENCE to the Court under Article 234 EC by the Finanzgericht Düsseldorf (Germany) for a preliminary ruling in the proceedings pending before that court between
Nachi Europe GmbH
and
Hauptzollamt Krefeld
on the validity of Article 1(2) of Council Regulation (EEC) No 2849/92 of 28 September 1992 modifying the definitive anti-dumping duty on imports of ball bearings with a greatest external diameter exceeding 30 mm originating in Japan imposed by Regulation (EEC) No 1739/85 (OJ 1992 L 286, p. 2),
THE COURT,
composed of: G.C. Rodríguez Iglesias, President, C. Gulmann, A. La Pergola (Rapporteur), M. Wathelet and V. Skouris (Presidents of Chambers), D.A.O. Edward, J.-P. Puissochet, P. Jann, L. Sevón, R. Schintgen and F. Macken, Judges,
Advocate General: F.G. Jacobs,
Registrar: H.A. Rühl, Principal Administrator,
after considering the written observations submitted on behalf of:
- Nachi Europe GmbH, by N. Polley and A. Scheffler, Rechtsanwälte,
- the Council of the European Union, by S. Marquardt, acting as Agent, assisted by G. Berrisch and H.-G. Kamann, Rechtsanwälte,
- the Commission of the European Communities, by V. Kreuschitz and N. Khan, acting as Agents,
having regard to the Report for the Hearing,
after hearing the oral observations of Nachi Europe GmbH, the Council and the Commission, at the hearing on 26 September 2000,
after hearing the Opinion of the Advocate General at the sitting on 16 November 2000,
gives the following
The legal framework
Regulation No 2849/92
The judgment of the Court of First Instance in NTN Corporation and Koyo Seiko v Council and the judgment of the Court of Justice in Commission v NTN and Koyo Seiko
The dispute in the main proceedings and the questions submitted for a preliminary ruling
'1. Is Article 1(2) of Regulation (EEC) No 2849/92 invalid?
2. If the first question is to be answered in the affirmative, from what point in time is Article 1(2) of Regulation (EEC) No 2849/92 to be considered invalid in regard to the plaintiff?
The first question
The effect of the judgments in NTN Corporation and Koyo Seiko v Council and Commission v NTN and Koyo Seiko on the validity of the anti-dumping duty applicable to ball bearings manufactured by Nachi Fujikoshi
The possibility for Nachi Europe to plead that the anti-dumping duty is invalid in a dispute before a national court
An importer of those products, such as Nachi Europe, which undoubtedly had a right of action before the Court of First Instance to seek the annulment of the anti-dumping duty imposed on those goods, but which did not exercise that right, cannot subsequently plead the invalidity of that anti-dumping duty before a national court. In such a case, the national court is bound by the definitive nature of the anti-dumping duty applicable under Article 1(2) of Regulation No 2849/92 to ball bearings manufactured by Nachi Fujikoshi and imported by Nachi Europe.
The second question
Costs
42. The costs incurred by the Council and the Commission, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court.
On those grounds,
THE COURT,
in answer to the questions referred to it by the Finanzgericht Düsseldorf by order of 21 June 1999, hereby rules:
Neither the judgment of the Court of First Instance in Joined Cases T-163/94 and T-165/94 NTN Corporation and Koyo Seiko v Council nor that of the Court of Justice in Case C-245/95 P Commission v NTN and Koyo Seiko affected the validity of Article 1(2) of Council Regulation (EEC) No 2849/92 of 28 September 1992 modifying the definitive anti-dumping duty on imports of ball bearings with agreatest external diameter exceeding 30 mm originating in Japan imposed by Regulation (EEC) No 1739/85 in so far as it fixes an anti-dumping duty applicable to ball bearings manufactured by Nachi Fujikoshi Corporation.
An importer of those products, such as Nachi Europe GmbH, which undoubtedly had a right of action before the Court of First Instance to seek the annulment of the anti-dumping duty imposed on those goods, but which did not exercise that right, cannot subsequently plead the invalidity of that anti-dumping duty before a national court. In such a case, the national court is bound by the definitive nature of the anti-dumping duty applicable under Article 1(2) of Regulation No 2849/92 to ball bearings manufactured by Nachi Fujikoshi Corporation and imported by Nachi Europe GmbH.
Rodríguez Iglesias
Wathelet Skouris EdwardPuissochet
Jann Sevón Schintgen Macken
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Delivered in open court in Luxembourg on 15 February 2001.
R. Grass G.C. Rodríguez Iglesias
Registrar President
1: Language of the case: German.