Judgment_paragraph 71 · ArcelorMittal Tubular Products Ostrava a.s. and Others v Hubei Xinyegang Steel Co. Ltd and Conucil of the European Union v Hubei Xinyegang Steel Co. Ltd (C-186/14 P, C-193/14 P)

71The EU institutions are therefore entitled, in certain circumstances, to take post-investigation period data into consideration. That is particularly so in investigations intended, not to find an injury, but to determine whether there is a threat of injury which, by its very nature, requires a prospective analysis. The existence of a threat of injury, like that of an injury, must be established as at the date of the adoption of the anti-dumping measure. In addition, Article 3(9) of the basic regulation requires that the finding of a threat of material injury is to be based on facts and not merely allegation, conjecture or remote possibility and that the change in circumstances which would create a situation in which the dumping would cause injury must be clearly foreseen and imminent.