Judgment of the Court (Fifth Chamber) 11 July 1990

In Case C-323/88, REFERENCE to the Court under Article 177 of the EEC Treaty by the Cour d'appel (Court of Appeal), Colmar (Third Civil Chamber), for a preliminary ruling in the proceedings pending before that court between

THE COURT (Fifth Chamber) composed of: Sir Gordon Slynn, President of Chamber, M. Zuleeg, R. Joliét, J. C. Moitinho de Almeida and G. C. Rodriguez Iglesias, Judges, Advocate General: W. Van Gerven Registrar: B. Pastor, Administrator

after considering the observations submitted on behalf of

SA Sermes, by Jean-Pierre Spitzer, of the Paris Bar,

the French Government, by Edwige Belliard, Deputy Director responsible for economic law at the Ministry of Foreign Affairs, and Géraud de Bergues, Principal Deputy Secretary at the Ministry of Foreign Affairs, acting as Agents,

the Council, by Erik Stein, Legal Adviser, acting as Agent,

the Commission, by Marie-José Jonczy, Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing oral argument by the applicant in the main proceedings, represented by Jean-Pierre Spitzer, by the Council, represented by Erik Stein, Legal Adviser, and by the Commission, represented by Marie-José Jonczy, Legal Adviser, assisted by Marc de Pauw, acting as an expert, at the hearing on 13 June 1989,

after hearing the Opinion of the Advocate General delivered at the sitting on 8 November 1989,

gives the following

Judgment

Infringement of Article 14 of the basic regulation and the principle of legal certainty

Infringement of the provisions of the basic regulation relating to the calculation of normal value and the definition of injury suffered; error of assessment

Misuse of powers

Infringement of essential procedural requirements and failure to state reasons

Infringement of Article 7 of the basic regulation and of the right to a fair hearing

Infringement of the principle of equal treatment

Costs

1 Language of the case: French.