A Survey of EU Trade Defence Case Law in 2009

The EU Trade Defence Instruments (TDIs), namely anti-dumping and anti-subsidy duties, are highly technical subjects that one might think should fall within the realm of specialized lawyers and EU officials only. With this survey however, the authors demonstrate that technicalities, such as inter alia 'Market Economy Treatment' (MET) and the methodology applied to calculate dumping or injury margins, are very often of great importance, in economic terms to companies. The level of a duty that is to be paid by companies often depends on such technicalities. After the Council has adopted a final anti-dumping or anti-subsidy Regulation, economic operators have the legal right to challenge the determination of such TDIs before the General Court and the Court of Justice of the European Union (EU). This survey, which follows an earlier paper by the authors concerning the same subject matter, illustrates how the case law of the EU Courts developed in a, in the authors' opinion, positive direction over 2009 by allowing for a higher degree of successful judicial review with regard to TDI matters than in previous years. This survey will also highlight the topics for which a challenge in EU Courts is possible and effective and topics for which, by contrast, success is less likely. In doing so, the authors provide a helpful overview to all parties that deal with TDIs on a regular basis.