Op-Ed: “No man is an island, or the application of Article 2(7) of the former basic Anti-Dumping Regulation 1225/2009” by Anna Dias and Marie Parys
On 2 December 2021, the Court of Justice ('the Court') released its judgment in Commission v Xinyi (C-884/19 P and C-888/19 P). This judgment followed that of the General Court (T-586/14 RENV) and the Opinion of Advocate General (AG) Pitruzzella.
The main legal issue of the case played out under Regulation 1225/2009, the earlier version of the current basic Anti-Dumping Regulation 2016/1036. The former allowed individual exporters from non-market-economies to request 'market economy treatment' (MET) under Article 7(2)(b) and (c). MET essentially means that the Commission uses the exporter's own data to construct the domestic price ('normal value'), instead of constructing it based on third country data.
The Court of Justice