Judgment_paragraph 56 · Swedish Match Philippines Inc. v Council of the European Union (T-171/97)

56In its plea alleging failure to provide sufficient reasons, the applicant claims that the Community institutions wrongly used target prices to calculate the antidumping duty. It relies on the judgment of the Court of Justice in Joined Cases 260/85 and 106/86 TEC ν Council [1988] ECR 5855, paragraphs 48 to 50, according to which target prices are to be used when actual prices on the market have been reduced and can no longer be used for comparison. Only in such a case is the use of target prices justified. Where prices are not depressed, the prices to be used in the comparison are the actual prices of the Community producers. If the Community institutions had used the actual prices in order to fix the level of the anti-dumping duty, no anti-dumping duty would have been imposed on the applicant.

Swedish Match Philippines Inc. v Council of the European Union (T-171/97)

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