Judgment_paragraph 74 · Sinopec Chongqing SVW Chemical Co. Ltd and Others v European Commission (T-762/20)

74Fourthly, at the hearing the Commission invoked the judgment of 14 December 2022, Xinyi PV Products (Anhui) Holdings v Commission (T‑586/14 RENV II, not published, EU:T:2022:799, paragraph 57), which, in its submission, confirms that there is a rule under which an adjustment under Article 2(10)(i) of the basic regulation is generally applied when an exporting producer sells its products through an affiliated company. However, it must be noted that, in that judgment, the Court ruled on a situation in which, as was undisputed, the company related to the exporting producer concerned operated in addition to the latter’s internal export department, as is apparent from paragraphs 52 and 57 of the abovementioned judgment. Since the situation in the present case is different, the Commission was wrong to rely on that judgment.

Sinopec Chongqing SVW Chemical Co. Ltd and Others v European Commission (T-762/20)

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