Edited by Inge Govaere, Reinhard Quick and Marco Bronckers
Chapter 18: The Standing Requirements for Bringing a Direct Action before the General Court in the Field of Trade Defence and Customs Following the Entry into Force of the TFEU
JOBNAME: Trade and Competitio PAGE: 1 SESS: 26 OUTPUT: Mon Jun 20 16:16:16 2011 18. The standing requirements for bringing a direct action before the General Court in the ﬁeld of trade defence and customs following the entry into force of the TFEU Philippe De Baere 18.1 INTRODUCTION Companies importing products originating in third countries into the EU customs territory may be confronted with an increase in the import duties payable upon importation due to a reclassiﬁcation of the imported product under a new tariff line or as a result of the imposition of trade defence measures such as antidumping duties. In certain cases, the new duty level may even make the continuation of the import activity commercially nonviable and force importers to close their business. Yet, the judicial remedies available to such importers under the EC Treaty used to be limited, costly and time-consuming. In fact, under the rules applicable before the entry into force of the Treaty on the Functioning of the European Union (TFEU), importers had to challenge the application by the customs authorities of the measure imposing the higher duty, in most cases a Commission or Council regulation, before the national courts of each member state of importation and invoke in the context of this national procedure the illegality of the underlying Community act. Importers then had to hope that at least one national court would eventually refer the question on the legality of the classiﬁcation or antidumping regulation to the Court...
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