Judgment_paragraph 106 · Council of the European Union v Zhejiang Xinan Chemical Industrial Group Co. Ltd (C-337/09 P)

106In that context, it must be observed that, by reason of the complexity of the economic, political and legal situations which they have to examine in the sphere of the common commercial policy and, most particularly, in the realm of measures to protect trade (Case C-351/04 Ikea Wholesale [2007] ECR I-7723, paragraph 40; Case C-398/05 AGST Draht- und Biegetechnik [2008] ECR I-1057, paragraph 33; Case C-373/08 Hoesch Metals and Alloys [2010] ECR I-951, paragraph 61; and judgment of 16 February 2012 in Joined Cases C-191/09 P and C-200/09 P Council and Commission v Interpipe Niko Tube and Interpipe NTRP, paragraph 63), the institutions in question enjoyed, during such an assessment, a broad discretion and could have taken into account any evidence at their disposal in order to assess whether the evidence submitted by Xinanchem was convincing and whether it was sufficient to dispel the concern that that company was not free to set its export prices because of that mechanism. In addition, as the General Court indeed noted in paragraph 36 of the judgment under appeal, if any doubt remains as regards the question whether the criteria set out in Article 2(7)(c) of the basic regulation are satisfied, MET cannot be granted.

Council of the European Union v Zhejiang Xinan Chemical Industrial Group Co. Ltd (C-337/09 P)

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