Case C-351/04, IKEA Wholesale Ltd v. Commissioners of customs & excise, Judgment of the Court of Justice of 27 September 2007, Second Chamber [2007] ECR I-7723
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0165-0750
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Common market law review, 2008, Vol. 45, No. 5, pp. 1507-1518
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HERRMANN, Christoph W., Case C-351/04, IKEA Wholesale Ltd v. Commissioners of customs & excise, Judgment of the Court of Justice of 27 September 2007, Second Chamber [2007] ECR I-7723, Common market law review, 2008, Vol. 45, No. 5, pp. 1507-1518 - https://hdl.handle.net/1814/42771
Abstract
Anti-dumping duties are the most commonly applied trade defence instrument, not only in the European Union, but also globally.1 In the European Union, they are imposed after an investigation by the Commission, in which the Commission tries to ascertain whether a specifi c product has been imported into the Community at a price below its "normal value" (i.e. has been "dumped"), whether this has caused or threatens to cause "material injury" to the Community industry, and, lastly, whether it is in the Community interest to impose an anti-dumping duty. All three elements are problematic in one way or the other. Recent reform discussions focused on the defi nition of the "Community industry" and the "Community interest", which are increasingly problematic concepts in times of globalization, as Community undertakings outsource production world-wide and commercial policy is burdened with non-economic policy goals. The methods for the calculation of the dumping margin, i.e. the difference between the "normal value" and the export price, despite their importance for the fi nding of dumping, receive less attention outside the circles of anti-dumping experts.