EU & Human Rights

NACHI Europe (Commercial policy)

[2001] EUECJ C23999Court of Justice of the European Union (including the General Court)2001

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(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)

REFERENCE to the Court under Article 234 EC by the Finanzgericht D�sseldorf (Germany) for a preliminary ruling in the proceedings pending before that court between Nachi Europe GmbH

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. Rodr�guez 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. Sev�n, R. Schintgen and F. Macken, Judges, Advocate General: F.G. Jacobs, Registrar: H.A. R�hl, Principal Administrator,

after considering the written observations submitted on behalf of: - Nachi Europe GmbH, by N. Polley and A. Scheffler, Rechtsanw�lte, - the Council of the European Union, by S. Marquardt, acting as Agent, assisted by G. Berrisch and H.-G. Kamann, Rechtsanw�lte, - the Commission of the European Communities, by V. Kreuschitz and N. Khan, acting as Agents, having regard to the Report for the Hearing,

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