Judgment_paragraph 40 · Ajinomoto Co., Inc. and The NutraSweet Company v Council of the European Union and Commission of the European Communities (C-76/98 P, C-77/98 P)

40It follows that the two situations provided for in the opening wording of Article 2(3)(b) of the basic regulation, in which the Community institutions are authorised to depart from the method of establishing the normal value on the basis of actual prices, are exhaustive in nature and both relate to the characteristics of the sales effected rather than to the price of the product.