Judgment_paragraph 118 · China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v European Commission (C-478/21 P)

118However, the basic regulation does not define the concept of ‘positive evidence’. In the light of the literal meaning of that concept, its context, including in particular the requirement for an objective examination referred to in Article 3(2) of that regulation, and of the purpose of determining injury, namely to allow for an anti-dumping duty to be imposed in respect of dumped imports, that concept refers to substantive evidence which establishes the reality of indicators of that injury in an affirmative, objective and verifiable manner. Mere assertions, conjecture or uncertain considerations therefore cannot constitute such indicators.