Judgment of the Court (Fifth Chamber) 7 May 1987

In Case 255/84

THE COURT (Fifth Chamber), composed of: Y. Galmot, President of the Chamber, F. Schockweiler, U. Everling, R. Joliét and J. C. Moitinho de Almeida, Judges, Advocate General: G. F. Mancini Registrar: S. Hackspiel, Administrator having regard to the Report for the Hearing and further to the hearing on 23 September 1986, at which the applicant was represented by Lothar Nagel, the defendant by E. Stein and H. J. Rabe, the Commission of the European Communities by J. Temple Lang and Febma by D. Ehle,

after hearing the Opinion of the Advocate General delivered at the sitting on 11 December 1986,

gives the following

Judgment

Admissibility

Substance

I— Submissions based on the unlawfulness of the method of calculating the dumping margin

A — Submission concerning the difference in the methods used for calculating the normal value and the export price

B — Submission that the comparison thus made for the purpose of establishing the dumping margin is inequitable

C — Submission that the adjustments made to the normal value and the export price were not the same

II — Submissions based on the breach of the principle of proportionality

A — Submission that the categorical rejection of the price undertakings offered by Nachi was illegal and was not supported by an adequate statement of reasons

B — Submission that the amount of the anti-dumping duty is illegal in view of the slight degree of injury caused to the Community industry by the applicant's imports

C — Submission that the amount of the anti-dumping duty was fixed on the hasis of the official exchange rates for Japanese currency

Costs

1 Language of the Case: German.