Judgment_paragraph 211 · China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v European Commission (C-478/21 P)

211In that regard, it should be recalled that observance of the rights of the defence is a fundamental principle of EU law (judgment of 3 June 2021, Jumbocarry Trading, C‑39/20, EU:C:2021:435, paragraph 31 and the case-law cited). The Court has, therefore, held that respect for those rights is of crucial importance in anti-dumping investigations and that, in accordance with those rights, the undertakings concerned should have been placed in a position during the administrative procedure in which they could effectively make known their views on the correctness and relevance of the facts and circumstances alleged and on the evidence presented by the Commission in support of its allegation concerning the existence of dumping and the resultant injury (see, to that effect, judgment of 16 February 2012, Council and Commission v Interpipe Niko Tube and Interpipe NTRP, C‑191/09 P and C‑200/09 P, EU:C:2012:78, paragraphs 76 and 77 and the case-law cited).