Judgment_paragraph 9 · Ereğli Demir ve Çelik Fabrikaları TAŞ and Others v European Commission (C-499/24 P)

9In paragraphs 2 to 10 of the judgment under appeal, the background to the dispute is summarised as follows:2. The [appellants] are companies incorporated under Turkish law. Erdemir and Isdemir are active in the production and sale of hot-rolled flat products. Ersem is their related trader.3. On 14 May 2020, the European Commission initiated an anti-dumping investigation with regard to imports into the European Union of certain hot-rolled flat products of iron, non-alloy or other alloy steel (“the product concerned”) originating in Türkiye (“the investigation”).4. The investigation covered the period from 1 January to 31 December 2019 (“the investigation period”). The examination of trends relevant for the purpose of determining injury covered the period from 1 January 2016 to the end of the investigation period. The [appellants] submitted their written observations in the course of the investigation.5. The [appellants] were selected among the three sampled Turkish exporters and submitted a questionnaire response on 7 July 2020 and a response to a deficiency letter on 26 August 2020 (in the case of Erdemir), on 10 September 2020 (in the case of Isdemir) and on 21 September 2020 (in the case of Ersem).6. A remote cross-check was carried out from 28 September to 9 October 2020.7. On 6 January 2021, the Commission adopted Implementing Regulation (EU) 2021/9 imposing a provisional anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in Turkey (OJ 2021 L 3, p. 4), making the [appellants’] exports of the product concerned to the European Union subject to a provisional anti-dumping duty of 5.4%.8. On 23 April 2021, the Commission disclosed to the [appellants] the definitive facts and considerations on the basis of which it intended to impose definitive anti-dumping duties.9. On 6 May 2021, the Commission communicated to the [appellants] an additional final disclosure, under which the anti-dumping duties which it intended to impose on the [appellants] were set at 5%. The [appellants] submitted their observations on that disclosure on 10 May 2021.10. On 5 July 2021, the Commission adopted the regulation [at issue], imposing an anti-dumping duty of 5% on the imports into the European Union of the product concerned manufactured by the [appellants].’

Ereğli Demir ve Çelik Fabrikaları TAŞ and Others v European Commission (C-499/24 P)

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