Since Hardware (Guangzhou) Co., Ltd v Council of the European Union (T-156/11)

Judgment of 18 Sept 2012

law://eu/cjeu/2011/t-156-11/para_160@2026-11-14

160In the light of the case-law relied on by the applicant cited at paragraphs 152 and 155 above, first, there is no ground for holding that any failure to comply with the three-month time-limit laid down in the second subparagraph of Article 2(7)(c) of the basic regulation must automatically entail the annulment of the Council’s regulation imposing definitive anti-dumping duty that is to be adopted within that period. Indeed, as stated by the Court in Shanghai Excell M&E Enterprise and Shanghai Adeptech Precision v Council, paragraph 152 above (paragraphs 138 and 139), failure to comply with the time-limit laid down in Article 2(7)(c) of the basic regulation can entail such annulment only if the applicant shows that, in the absence of such failure, the Council might have adopted a different regulation more favourable to its interests than the contested regulation.

Since Hardware (Guangzhou) Co., Ltd v Council of the European Union (T-156/11)

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