British Shoe Corporation Footwear Supplies Ltd, Clark International Ltd, Deichmann-Schuhe GmbH & Co. Vertriebs KG, Groupe Andre SA, Reno Versandhandel GmbH and Leder & Schuh AG v Commission of the European Communities. (Dumping) [1998] EUECJ T-73/97 (30 June 1998)

The adoption of a definitive anti-dumping regulation eliminates any legal interest in challenging the provisional regulation, as the financial consequences are determined solely by the definitive regulation.

Source-derived case information.

Citation: [1998] EUECJ T-73/97
Parties: Applicant: British Shoe Corporation Footwear Supplies Ltd; Applicant: Clark International Ltd; Applicant: Deichmann-Schuhe GmbH & Co. Vertriebs KG; Applicant: Groupe André SA; Applicant: Reno Versandhandel GmbH; Applicant: Leder & Schuh AG; Respondent: Commission of the European Communities
Jurisdiction: European Union
Procedural Posture: Action for Annulment / Order on Admissibility
Outcome: no need to adjudicate
Legal Topics: Anti Dumping Duties, Provisional Measures, Annulment Proceedings

European Union Law International Trade Law Anti Dumping Duties Provisional Measures Annulment Proceedings

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Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

British Shoe Corporation Footwear Supplies Ltd

Applicant

Clark International Ltd

Applicant

Deichmann-Schuhe GmbH & Co. Vertriebs KG

Applicant

Groupe André SA

Applicant

Reno Versandhandel GmbH

Applicant

Leder & Schuh AG

Applicant

Commission of the European Communities

Respondent

Procedural Posture

Action for Annulment / Order on Admissibility

Legal Issues

1 Whether an importer retains an interest in challenging a provisional anti-dumping regulation after a definitive regulation is adopted

Ratio Decidendi

Court Disposition

no need to adjudicate

Orders

The action is dismissed as there is no longer any need to adjudicate.

Full Case Text

Judgment text and source record

1 paragraphs

[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] Court of Justice of the European Communities (including Court of First Instance Decisions) You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> British Shoe Corporation Footwear Supplies Ltd, Clark International Ltd, Deichmann-Schuhe GmbH & Co. Vertriebs KG, Groupe Andre SA, Reno Versandhandel GmbH and Leder & Schuh AG v Commission of the European Communities. (Dumping) [1998] EUECJ T-73/97 (30 June 1998) URL: https://www.bailii.org/eu/cases/EUECJ/1998/T7397.html Cite as: [1998] EUECJ T-73/97 [ New search ] [ Help ] IMPORTANT LEGAL NOTICE - The source of this judgment is the web site of the Court of Justice of the European Communities . The information in this database has been provided free of charge and is subject to a Court of Justice of the European Communities disclaimer and a copyright notice . This electronic version is not authentic and is subject to amendment. 61997B0073 Order of the Court of First Instance (First Chamber, extended composition)of 30 June 1998. British Shoe Corporation Footwear Supplies Ltd, Clark International Ltd, Deichmann-Schuhe GmbH & Co. Vertriebs KG, Groupe André SA, Reno Versandhandel GmbH and Leder & Schuh AG v Commission of the European Communities. Dumping - Textile footwear originating in the People's Republic of China and Indonesia - Commission Regulation imposing a provisional anti-dumping duty - Action for annulment - Subsequent regulation imposing a definitive anti-dumping duty - No need to adjudicate. Case T-73/97. European Court reports 1998 Page II-02619 Actions for annulment - Action contesting a regulation imposing a provisional anti-dumping duty - Supervening regulation imposing a definitive anti-dumping duty - Effects on the interest in bringing an action (EC Treaty, Art. 173) An importer cannot rely on any legal effect arising from a regulation imposing a provisional anti-dumping duty in order to establish an interest in challenging it before the Community judicature, if the amounts which it had to pay under that provisional regulation have been definitively collected at the rate laid down by the definitive regulation and the amounts which exceeded that rate, or related to products no longer affected by the anti-dumping duty, have been definitively released. © European Communities, 2001 All rights reserved BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/EUECJ/1998/T7397.html

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