Judgment_paragraph 288 · PT Wilmar Bioenergi Indonesia and Others v European Commission (T-111/20)

288The applicants point out that the Commission furthermore authorised, by Implementing Decision (EU) 2019/245 of 11 February 2019 accepting undertaking offers following the imposition of definitive countervailing duties on imports of biodiesel originating in Argentina (OJ 2019 L 40, p. 71), imports of around 10% of the average annual EU consumption between 2014 and the investigation period (representing, according to the applicants, 1233417 tonnes per year, or more than twice the volume of imports from Indonesia). The Commission thus was of the view that the Argentinian imports should not, in principle, impair the overall performance of the Union industry. Those imports remain, despite the adoption of Implementing Regulation 2019/244, a threat of injury to the Union industry as they avoid countervailing duties only where they do not exceed 1233417 tonnes per year and where they respect a minimum import price. It is apparent from Table 2 and Table 6 of the contested regulation that imports from Argentina have occurred in higher volumes than imports from Indonesia and that the prices of imports from Indonesia were higher than the prices of imports from Argentina during the investigation period as defined by Implementing Decision 2019/244.

PT Wilmar Bioenergi Indonesia and Others v European Commission (T-111/20)

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