Opinion of Advocate General Van Gerven delivered on 2 July 1992

1 Original language: Dutch.

2 Council Regulation (EEC) No 374/87 of 5 February 1987 definitively collecting the provisional antidumping duty and imposing a definitive antidumping duty on imports of housed bearing units originating in Japan (OJ 1987 L 35, p. 32).

3 According to Article 1(2) of Regulation No 374/87, these bearing units are cast or pressed steel housings fitted with ball bearings.

4 OJ 1986 L 221, p. 16.

5 OJ 1985 L 167, p. 3.

6 OJ 1984 L 193, p. 1.

7 In this connection the Commission refers to Council Regulation (EEC) No 112/90 of 16 January 1990 imposing a definitive antidumping duty on imports of certain compact disc players originating in Japan and the Republic of Korea and collecting definitively the provisional duty, OJ 1990 L 13, p. 21.

8 OJ 1990 L 256, p. 1.

9 Judgment in Case 292/82 Merck v Hauptzollamt Hamburg- Jonas [1983] ECR 3781, paragraph 12; see also judgment in Case 337/82 St Nikolaus Brennerei v Hauptzotíamt Krefeld [1984] ECR 1051, paragraph 10.

10 Agreement on implementation of Article VT of the General Agreement on Tariffs and Trade; the text is published in OJ 1980 L 71, p. 90.

11 Article 13(3) of Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community, OJ 1988 L 209, p. 1. The same provision appeared in the previous basic regulation, Council Regulation (EEC) No 2176/84 of 23 July 1984, OJ 1984 L 201, p. 1, on the basis of which Regulation No 374/87 was adopted. It implements Article 8(3) of the GATT Anti-Dumping Code.

12 That is exactly what the Council is required to ascertain when it adopts an antidumping regulation; judgment in Case 53/83 Allied Corporation v Council [1985] ECR 1621, paragraph 18.

13 Article 8(3), second sentence.

14 [1991] ECR I-2069.

15 Judgment in Case C-69/89, in particular paragraphs 34 to 37; this was recendy confirmed by the Court in its judgment in Case C-105/90 Goldstar v Council [1992] ECR I-677, paragraph 33.

16 Recital (11) in the preamble.