EU Anti-Dumping Law, imports from China and treatment of non-market economy countries: Brosmann, Grünwald and Zhejiang Xinan

Publishers Abstract:
The present anti-dumping case is of fundamental importance for future trade relations between the European Union and a number of dynamic emerging countries, such as the People's Republic of China -- this opening statement of Advocate General Kokott's Opinion in the latest of a series of decisions of the Court of Justice involving important aspects of anti-dumping law highlights the significance of these decisions beyond the technical details of regular anti-dumping investigations.

All the decisions concern trade relations with China and the way non-market economy countries are to be treated in anti-dumping law, especially regarding the concept of conditional "market-economy treatment" (MET), which has long been a subject of discussion, appraisal and critique not only amongst European lawyers but at a global level. Overall, the obligation of the Commission to consider each MET claim individually would have made MET better accessible and would in this regard have had its biggest impact on imports from China.