Market Economy Treatment in EU Anti-dumping Investigations Following the Judgment of the Court of Justice of the EU in Xinanchem

摘要

On 19 July 2012, the highest Court of the European Union (EU), the Court of Justice of the EU (CJEU) gave its judgment in the Zhejiang Xinan Chemical case (Xinanchem). In this long awaited decision, the Court of Justice confirms the judgment of the lower EU Court, the General Court of the EU (GCEU), which had found that Council Regulation (EC) No. 1683/2004 imposing a definitive anti-dumping duty on imports of glyphosate originating in the People's Republic of China2 (the Contested Regulation), was incompatible with the EU basic anti-dumping Regulation.