Judgment_paragraph 55 · Champion Stationery Mfg Co. Ltd, Sun Kwong Metal Manufacturer Co. Ltd and US Ring Binder Corporation v Council of the European Union (T-147/97)

55Respect for the rights of the defence is a fundamental principle of Community law, observance of which is ensured by the Community judicature (Al-Jubail Fertiliser, cited above, paragraph 15; Joined Cases T-159/94 and T-160/94 Ajinomoto and Nutrasweet v Council [1997] ECR II-2461, paragraph 81). Pursuant to that principle, the undertakings affected by an investigation preceding the adoption of an antidumping regulation must be placed in a position during the administrative procedure in which they can effectively make known their views on the correctness and relevance of the facts and circumstances alleged and on the evidence presented by the Commission in support of its allegation concerning the existence of dumping and the resultant injury (Al-Jubail Fertiliser, paragraph 17; Case T-121/95 EFMA v Council [1997] ECR II-2391, paragraph 84, and Ajinomoto and Nutrasweet v Council, paragraph 83). Those requirements were given more specific expression by Article 20 of the basic regulation. Article 20(2) provides that the complainants, importers and exporters and their representative associations, and representatives of the exporting country, ‘may request final disclosure of the essential facts and considerations on the basis of which it is intended to recommend the imposition of definitive measures ..., particular attention being paid to the disclosure of any facts or considerations which are different from those used for any provisional measures’. Article 20(5) also grants undertakings which have received such final disclosure the right to submit any representations within the period set by the Commission, which must be at least 10 days.

Champion Stationery Mfg Co. Ltd, Sun Kwong Metal Manufacturer Co. Ltd and US Ring Binder Corporation v Council of the European Union (T-147/97)

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