Judgment_paragraph 75 · ArcelorMittal Tubular Products Ostrava a.s. and Others v European Commission (T-364/16)

75In addition, it must be observed that the EU institutions have previously decided, in other procedures, to amend or to repeal a review regulation that maintained anti-dumping measures in force, following the annulment of the regulation which preceded that review regulation. That was the case, in particular, for Council Regulation (EC) No 989/2009 of 19 October 2009 amending Regulation (EC) No 661/2008 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia (OJ 2009 L 278, p. 1), referred to by the Commission at the hearing. The adoption of that regulation followed the judgment of 10 September 2008, JSC Kirovo-Chepetsky Khimichesky Kombinat v Council (T‑348/05, not published, EU:T:2008:327). In that judgment, the General Court had annulled the regulation that preceded the review regulation, namely Council Regulation (EC) No 945/2005 of 21 June 2005 amending Regulation (EC) No 658/2002 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia and Regulation (EC) No 132/2001 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in, inter alia, Ukraine, following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2005 L 160, p. 1), which had extended the range of products affected by the anti-dumping measures. In the aftermath of that judgment, the Council decided, acting on a proposal from the Commission, after consultation of the Advisory Committee, to adopt Regulation No 989/2009, repealing with retroactive effect Council Regulation (EC) No 661/2008 of 8 July 2008 imposing a definitive anti-dumping duty on imports of ammonium nitrate originating in Russia following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 (OJ 2008 L 185, p. 1), with respect to the undertaking that had been the applicant before the General Court, as regards the goods affected by the annulment. The Council also created, in that context, a specific TARIC additional code for the undertaking that had been the applicant before the General Court. In the explanatory memorandum that accompanied the proposal for a Council Regulation (COM(2009) 493 final)), the Commission stated that that proposal was made ‘in the context of the implementation of a judgment of the [General Court]’.