Judgment_paragraph 42 · Agraz, SA and Others v Commission of the European Communities (C-243/05 P)

42Moreover, even assuming, in accordance with the Commission's submissions at the hearing before the Court of Justice, that a factor such as that referred to in Article 4(2)(c) of the basic regulation, concerning the development of trade on the international markets, may give rise to a different weighting in the context of a calculation taking account of the Chinese prices, the inevitable conclusion is, in the light of the points made in paragraphs 37 to 40 of this judgment, that the appellants would of necessity have been in a better position if the Commission had not unlawfully failed to take the Chinese prices into consideration when fixing the amount of the production aid. Far from being hypothetical or merely possible, the existence of the damage alleged by the appellants is thus indisputable. Despite the continuing uncertainty regarding its exact quantification, it is moreover possible to put an economic value on that damage.