Judgment_paragraph 12 · Goldstar Co. Ltd v Council of the European Communities (C-105/90)

12In that regard, it must be stated first of all that according to the wording and scheme of Article 2(3)(a) of the basic regulation, in order to establish the normal value regard must be had primarily to the price actually paid or payable in the ordinary course of trade (see the judgment of 5 October 1988 in Joined Cases 277 and 300/85 Canon v Council [1988] ECR 5731, at paragraph 11). It is apparent from Article 2(3)(b) of the basic regulation that that principle can be derogated from only when there are no sales of the like product in the ordinary course of trade or when such sales do not permit a proper comparison.