Judgment_paragraph 115 · Sinochem National Chemicals Import & Export Corporation v Council of the European Union (T-97/95)

115The second ground for rejection (point 29 of the preamble to the definitive regulation) is based on the existence of breaches of undertakings made by Chinese exporters in recent years, including a breach by the applicant itself. The applicant submits that a breach of an earlier undertaking in the potassium permanganate case (Council Regulation (EEC) No 1531/88 of 31 May 1988 imposing a definitive antidumping duty on imports of potassium permanganate originating in the People's Republic of China and definitively collecting the provisional antidumping duty imposed on those imports (OJ 1988 L 138, p. 1)), with which it is charged by the Council, was not committed by the applicant itself but rather by certain of its branches. That breach cannot, therefore, constitute a valid reason for rejecting its proposed undertaking. The applicant adds that it is not uncommon in the institutions' administrative practice for them to accept undertakings even though they have been offered by parties which had breached previous undertakings. The rejection of the undertaking which the applicant offered is therefore arbitrary.

Sinochem National Chemicals Import & Export Corporation v Council of the European Union (T-97/95)

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