Interpipe Niko Tube OOO and Interpipe Nizhnedneprovsky Tube Rolling Plant PAO v European Commission (T-716/19)

Judgment of 14 Jul 2021

law://eu/cjeu/2019/t-716-19/para_59@2026-11-14

59The basic regulation does not define the concept of ‘ordinary course of trade’. However, that regulation explicitly mentions, in Article 2, two cases of sales which, under certain conditions, cannot constitute such sales. In the first place, the third subparagraph of Article 2(1) of the basic regulation states that prices between parties which appear to be associated or to have concluded a compensatory arrangement with each other may not be considered to be in the ordinary course of trade and may not be used to establish normal value unless it is determined, exceptionally, that those prices are unaffected by that relationship (see judgment of 1 October 2014, Council v Alumina, C‑393/13 P, EU:C:2014:2245, paragraphs 22 and 23 and the case-law cited). In the second place, under the first subparagraph of Article 2(4) of that regulation, sales of the like product on the domestic market of the exporting country, or export sales to a third country, at prices below unit production costs may be disregarded in determining normal value only if it is determined that such sales are made within an extended period in substantial quantities, and are at prices which do not provide for the recovery of all costs within a reasonable period of time (judgment of 1 October 2014, Council v Alumina, C‑393/13 P, EU:C:2014:2245, paragraph 24). The third subparagraph of Article 2(4) of that regulation states that the ‘extended period of time’ must normally be understood as meaning one year but is in no case to be less than six months, and sales below unit cost are to be considered to be made in substantial quantities within such a period when it is established that the weighted average selling price is below the weighted average unit cost, or that the volume of sales below unit cost is not less than 20% of sales being used to determine normal value.

Interpipe Niko Tube OOO and Interpipe Nizhnedneprovsky Tube Rolling Plant PAO v European Commission (T-716/19)

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