Judgment of the Court (Fifth Chamber) 7 May 1987

In Case 258/84

THE COURT (Fifth Chamber), composed of: Y. Galmot, President of 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 R. Griffith, J. Lever and E. Sharpston, 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 pńce

B — Submission that the transaction-by-transaction method used to calculate the export price is inequitable

C — Submission that the statement of the reasons for choosing the transaction-by-transaction method is inadequate

D — Submission concerning the conditions in which the new transaction-by-transaction method was adopted

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

II — Submission that the refusal to take account of the undertakings offered or at least of the price increases introduced by NSK was unlawful

III — Submission that no adequate statement of reasons was given for the assessment of the injury suffered by the Community industry which was considered equal to the dumping margin established

IV — Submission that the contested regulation authorized the definitive collection of the provisional anti-dumping duty without taking account of the fact that the definitive duty is less than the provisional duty

Costs

1 Language of the Case: English.