EU-domstolen

Opinion of Mr Advocate General Mischo delivered on 5 July 1989

CELEX: 61987CC0156
Typ: EU-domstolen

1 Original language: French.

2 OJ L 54, 24.2.1987, p. 12.

3 Commission Regulation (EEC) No 2640/86 of 21 August 1986 imposing a provisional antidumping duty on imports of plain paper photocopiers originating in Japan (OJ L 239, 26.8.1986, p. 5), hereinafter referred to as the provisional regulation.

4 Tins view is supported by the Court's judgment of 29 May 1979 in Case 118/77 Import Standard Office v Colmai 0 [1979] F.CR 1277, in which u look into account the provision of the contested regulation providing for the definitive collection of the provisional duty only for the purpose of deciding whether the application was admissible in so far as it was directed against that particular provision (paragraphs 24 and 27)

5 OJ L 201, 30.7.1984, p. I.

6 In that case the basic regulation was Council Regulation (EEC) No 3017/79 of 20 December 1979 (OJ L 339, 31.12.1979, p. 1), which was repealed by Regulation No 2176/84 However, the provisions at issue in that case were incorporated with substantially identical wording in Regulation No 2176/84.

7 See paragraph 35 of the ludgmcnt of 7 May 1987 in Case 255/84 Nach, Fujikmhiv Council [1987] ECR 1861

8 Sec in particular the judgment of 7 May 1987 in Case 255/84 Nachi Fujikoshi v Council [1987] ECR 1861, paragraph 21.

9 First Regulation implementing Articles 85 and 86 of the Treaty, OJ, English Special Edition 1959-62, p. 87.

10 Council Regulation (EEC) No 2322/85 of 12 August 1985 imposing a definitive antidumping duty on imports of glycine originating in Japan, OJ L 218, 15.8.1985, p. 1.

11 See in that connection paragraph 18 of Regulation No 2322/85, which must be read in the light of paragraph 31 of Commission Regulation No 997/85 of 18 April 1985 imposing a provisional antidumping duty on imports of glycine originating in Japan (OJ L 107, 19.4.1985, p. 8).

12 Council Regulation (EEC) No 1761/87 of 22 June 1987 amending Regulation (EEC) No 2176/84 on protection against dumped or subsidized imports from countries not members or the European Economic Community (OJ L 167,26.6.1987, p. 9).