Judgment_paragraph 7 · Philips Lighting Poland S.A. and Philips Lighting BV v Council of the European Union (C-511/13 P)

7Recitals 1 to 3 and 5 in the preamble to the basic regulation stated:(1) Whereas, by [Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidised imports from countries not members of the European Economic Community (OJ 1988 L 209, p. 1)], the Council adopted common rules for protection against dumped or subsidised imports from countries which are not members of the European Community;(2) Whereas those rules were adopted in accordance with existing international obligations, in particular those arising from Article VI of the General Agreement on Tariffs and Trade [of 30 October 1947] (hereinafter referred to as “GATT”), from the Agreement on Implementation of Article VI of the [General Agreement on Tariffs and Trade, approved, on behalf of the Community, by Council Decision 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting from the 1973 to 1979 trade negotiations (OJ 1980 L 71, p. 1)] (1979 Anti-Dumping Code) and from the Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the [General Agreement on Tariffs and Trade, approved, on behalf of the Community, by that decision] (Code on Subsidies and Countervailing Duties);(3) Whereas the multilateral trade negotiations concluded in 1994 have led to new Agreements on the implementation of Article VI of GATT and it is therefore appropriate to amend the Community rules in the light of these new Agreements; ......(5) Whereas the new agreement on dumping, namely, [the 1994 Anti-Dumping Agreement], contains new and detailed rules, relating in particular to the calculation of dumping, procedures for initiating and pursuing an investigation, including the establishment and treatment of the facts, the imposition of provisional measures, the imposition and collection of anti-dumping duties, the duration and review of anti-dumping measures and the public disclosure of information relating to anti-dumping investigations; whereas, in view of the extent of the changes and to ensure a proper and transparent application of the new rules, the language of the new agreements should be brought into Community legislation as far as possible.’