«(Appeal – Protection against dumping – Determination of the dumping margin – Choice of the asymmetrical calculation method – Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT – Statement of reasons – Determination of normal value – Taking into account of sales made using compensation – Statement of reasons)»

1.. Appeals – Pleas in law – Admissibility – Conditions – Submission of arguments also raised before the Court of First Instance – No effect (Art. 225 EC; EC Statute of the Court of Justice, Art. 51, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c))

2.. Common commercial policy – Protection against dumping – Dumping margin – Comparison between the normal value and the export price – Use of the asymmetrical method – Conditions (Council Regulation No 384/96, Art. 2(11))

3.. International agreements – Agreement establishing the World Trade Organisation – GATT 1994 – Direct effect – None – Not possible to rely on the WTO agreements to contest the lawfulness of a Community act – Exceptions – Community measure intended to implement a GATT or WTO rule or expressly and specifically referring thereto (Art. 230 EC; General Agreement on Tariffs and Trade 1994)

4.. Common commercial policy – Protection against dumping – Dumping margin – Rules relating to the calculation of the dumping margin, contained in the GATT 1994 Anti-dumping Code – Transposition into Community law by the basic anti-dumping regulation – Effect – Obligation to state reasons for the choice of recourse to the asymmetrical method (EC Treaty, Art. 190 (now Art. 253 EC); Council Regulation No 384/96, Art. 2(11); Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, 1994 Anti-dumping Code, Art. 2.4.2)

5.. Community law – Interpretation – Methods – Interpretation in the light of international agreements concluded by the Community

6.. Acts of the institutions – Statement of reasons – Obligation – Scope (EC Treaty, Art. 190 (now Art. 253 EC))

7.. Common commercial policy – Protection against dumping – Dumping margin – Determination of the normal value – Taking into account, by way of exception, of the prices charged between parties which have a compensatory arrangement with each other – Need to justify recourse to the exception (EC Treaty, Art. 190 (now Art. 253 EC); Council Regulation No 384/96, Art. 2(1), first and third subparas)

JUDGMENT OF THE COURT (Fifth Chamber) 9 January 2003 (1)

((Appeal – Protection against dumping – Determination of the dumping margin – Choice of the asymmetrical calculation method – Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT – Statement of reasons – Determination of normal value – Taking into account of sales made using compensation – Statement of reasons))

In Case C-76/00 P,

appellants,

TWO APPEALS against the judgment of the Court of First Instance of the European Communities (Second Chamber, Extended Composition) of 15 December 1999 in Joined Cases T-33/98 and T-34/98

the other parties to the proceedings being:

intervener at first instance,

THE COURT (Fifth Chamber),,

composed of: M. Wathelet, President of the Chamber, C.W.A. Timmermans, D.A.O. Edward, A. La Pergola (Rapporteur) and P. Jann, Judges,

Advocate General: F.G. Jacobs,

having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 30 January 2002, at which Petrotub SA and Republica SA were represented by P. Bentley, the Council by G. Berrisch and the Commission by V. Kreuschitz and S. Meany,

after hearing the Opinion of the Advocate General at the sitting on 25 April 2002,

gives the following

Petrotub's appeal

Admissibility

Substance

First and second parts of the plea

Arguments of the parties

Findings of the Court

Republica's appeal

Admissibility

Substance

Arguments of the Council

Findings of the Court

On those grounds,

THE COURT (Fifth Chamber)

hereby:

Wathelet

Timmermans

Edward

La Pergola

Jann

Delivered in open court in Luxembourg on 9 January 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber