Hubei Xinyegang Steel Co. Ltd v Council of the European Union (T-528/09)

Judgment of 29 Jan 2014

law://eu/cjeu/2009/t-528-09/para_53@2026-11-14

53As a preliminary, it must be noted that, in the sphere of the common commercial policy and, most particularly, in the realm of measures to protect trade, the Community institutions enjoy a broad discretion by reason of the complexity of the economic, political and legal situations which they have to examine (Case C-351/04 Ikea Wholesale [2007] ECR I-7723, paragraph 40, and Case C-373/08 Hoesch Metals and Alloys [2010] ECR I-951, paragraph 61). In that respect it must be observed that the examination of a threat of injury involves the assessment of complex economic matters and that the judicial review of such an appraisal must therefore be limited to verifying whether the procedural rules have been complied with, whether the facts on which the contested choice is based have been accurately stated, and whether there have been manifest errors in the assessment of those facts or a misuse of powers. That limited judicial review does not mean that the European Union judicature must refrain from reviewing the institutions’ interpretation of information of an economic nature. In particular, the Court must not only establish whether the evidence relied on is factually accurate, reliable and consistent but also ascertain whether that evidence contains all the information which must be taken into account in order to assess a complex situation and whether it is capable of substantiating the conclusions drawn from it (see, to that effect, Case T‑158/10 Dow Chemical v Council [2012] ECR, paragraph 59).

Hubei Xinyegang Steel Co. Ltd v Council of the European Union (T-528/09)

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