Avis juridique important

Order of the President of the Court of 8 June 1989. - Nakajima All Precision Co. v Council of the European Communities. - Common commercial policy - Dumping - Definitive duty - Impact dot-matriz printers originating in Japan. - Case C-69/89 R. European Court reports 1989 Page 01689 Pub.RJ Page Pub somm

Summary Parties Operative part

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Application for interim measures - Suspension of operation - Suspension of operation of a regulation establishing a definitive anti-dumping duty - Conditions for granting - Specific nature of the damage

( EEC Treaty, Art . 185; Rules of Procedure, Art . 83(2 ) )

As the Court has consistently held, the urgency of an application for interim measures, as referred to in Article 83 ( 2 ) of the Rules of Procedure, must be assessed in relation to the necessity for an order granting interim relief in order to prevent serious and irreparable damage to the party requesting the interim measure .

In the case of a request for the suspension of the application of definitive anti-dumping duties, the applicant undertaking may not limit itself, for the purposes of establishing urgency, to invoking the existence of effects which are inherent in the imposition of an anti-dumping duty, namely a rise in the price in the products and, consequently, a corresponding reduction in its market share . It is in the very nature of an anti-dumping duty to bring about an increase in the price of the product in question since the purpose of the duty is to counterbalance the dumping margin which has been established and to protect the Community production from the injury caused by the dumping .

The risk of particularly serious and irreparable damage characterizing the situation of an undertaking in relation to the other undertakings concerned by the establishment of anti-dumping duties is not proved by the reference by that undertaking to the risk of definitively losing certain markets in the Community, a risk bound up with its sales organization which is based on recourse to the services of a single independent distributor in each Member State, where it is established that the imposition of a definitive anti-dumping duty has done no more than to curb the extremely rapid increase in its sales on the Community market .

In Case 69/89 R

Nakajima All Precision Co ., having its registered office in Tokyo ( Japan ), represented by Charles-Etienne Gudin, of the Paris Bar, with an address for service in Luxembourg at the Chambers of R . Faltz, 6 rue Heine,

applicant,

v

Council of the European Communities, represented by H.-J . Lambers, Director of its Legal Department, and E . H . Stein, Legal Adviser, acting as Agents, assisted by D . Voillemot and A . Michel, members of the professional firm Gide Loyrette Nouel, with offices in Paris and Brussels, having an address for service in Luxembourg at the office of Joerg Kaeser, Manager of the Legal Directorate of the European Investment Bank, 100 boulevard Konrad Adenauer,

defendant,

supported by

Commission of the European Communities, represented by E . de March, a member of its Legal Department, acting as Agent, with an address for service in Luxembourg at the office of G . Kremlis, also a member of its Legal Department, Centre Wagner, Kirchberg,

APPLICATION principally for the suspension, with regard to the applicant, of the operation of Council Regulation No 3651/88 of 23 November 1988 imposing a definitive anti-dumping duty on imports of serial-impact dot -matrix printers originating in Japan ( Official Journal 1988, L 317, p . 33 ),

THE PRESIDENT,

( the grounds for the order are not reproduced )

by way of interim decision,

hereby orders as follows :

( 1 ) The application is dismissed;

( 2 ) The costs are reserved .