Judgment_paragraph 47 · European Commission v Rusal Armenal ZAO (C-21/14 P)

47As regards Article 2(7) of the basic regulation, it must be pointed out at the outset that that provision, following on from recital 7 of that regulation, introduces a special regime laying down detailed rules for the calculation of normal value for imports from non-market economy countries, including Armenia. As regards those imports, Article 2(7)(a) provides that normal value must be determined on the basis of the price or constructed value in a market economy third country, or the price from such a third country to other countries, including the European Union, or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the European Union for the like product, duly adjusted if necessary to include a reasonable profit margin. In addition, Article 2(7)(b) stipulates that in anti-dumping investigations concerning imports from any non-market economy country which is a member of the WTO at the date of the initiation of the investigation, normal value is to be determined in accordance with Article 2(1) to (6), if it is shown that the market economy conditions, set out in Article 2(7)(c), prevail for this producer or producers in respect of the manufacture and sale of the like product concerned.