Judgment_paragraph 151 · Changmao Biochemical Engineering Co. Ltd v European Commission (C-666/19 P)

151Contrary to what Changmao appears to argue, the mere fact that, in the present case, the normal value was established, in accordance with Article 2(7)(a) of the basic regulation, on the basis of the price actually paid or payable in the European Union is not such as to require a relaxation of the rule on the allocation of the burden of proof, as it stems from Article 2(10) of that regulation and from the case-law cited in paragraphs 138 and 139 above. As the Advocate General stated in point 140 of his Opinion, that rule, according to which it is for the party requesting an adjustment in respect of one of the factors referred to in Article 2(10) of the basic regulation to demonstrate that that factor is such as to affect prices and price comparability, applies irrespective of the method used to determine the normal value.