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2016-2 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2016)

handle is hein.intyb/rcbjcofi0377 and id is 1 raw text is: 





ZCVRLA


Reports   of Cases


                            Joined Cases C-659/13 and C-34/14

                               C & J Clark International Ltd
                                            v
                 The  Commissioners for Her Majesty's Revenue & Customs
                                          and

                                        Puma  SE
                                            v
                                 Hauptzollamt Nirnberg


 (Requests for a preliminary ruling from the First-tier Tribunal (Tax Chamber) and the Finanzgericht
                                        Miinchen)


 (References for a preliminary ruling - Admissibility - Dumping - Imports of footwear with uppers
    of leather originating in China and Vietnam - Validity of Regulation (EC) No 1472/2006 and
 Implementing Regulation (EU) No 1294/2009 - WTO Anti-Dumping Agreement - Regulation (EC)
   No 384/96 - Article 2(7) - Determination of dumping - Imports from non-market economy
countries - Claims for market economy treatment - Time limit - Article 9(5) and (6) - Claims for
     individual treatment - Article 17 - Sampling - Article 3(1), (5) and (6), Article 4(1) and
Article 5(4) - Cooperation of the Union industry - Article 3(2) and (7) - Determination of injury -
Other known  factors - Community Customs Code - Article 236(1) and (2) - Repayment of duties
  not legally owed - Time limit - Unforeseeable circumstances or force majeure - Invalidity of a
                        regulation which imposed anti-dumping duties)


             Summary  - Judgment of the Court (Fourth Chamber), 4 February 2016

1.  Questions referred for a preliminary ruling - Assessment of validity - Question relating to the
    validity of a regulation which was not challenged on the basis of Article 263 TFEU -
    Main proceedings brought by a company not clearly entitled to bring an action for annulment -
    Admissibility

    (Arts 263, fourth para., TFEU and 267, first para., point (b), TFEU)

2.  Actions for annulment - Natural or legal persons - Measures of direct and individual concern to
    them -  Regulation imposing anti-dumping duties - Producers and exporters from non-member
    countries - Union importers and traders having a special relationship with the producers

    (Art. 263, fourth para., TFEU)


ECLJ:EU:C:2016:741


1

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