Bird & Bird's Brussels Competition, Trade & PA team secures important Court win for European paper and packaging producers

By Order of 17 February 2023, the General Court dismissed the applicant’s challenge of the dumping duty for imports from Korea of a certain type of thermal paper (for example used for e-commerce labels). The Order, which follows the judgment of the Court of Justice of 12 May 2022 (C-260/20 P), confirms that:

• the European Commission can construct the export price for its injury analysis; 
• the European Commission must bring back the prices for sales to first independent customers to the frontier level in order to ensure that prices are compared at the same level of trade; and
• methodologies which are unfavourable to exporters do not prevent an objective examination of the effects of imports on prices if the alternative approach would scarcely have changed the level of undercutting. 

Hein Hobbelen, lead partner at Bird & Bird says: "These court decisions are of significant importance for the protection of European Union industry’s interests. The EU courts have confirmed that exporters cannot avoid the proper application of the trade defence rules by changing sales methods and importing into the EU via related European companies.”

President of the association, Kanzan CEO Mr. Matthias Simon, adds: “We welcome this outcome and are grateful to the Bird & Bird team for representing our interests in these complex cases. Hein Hobbelen, Baptist Vleeshouwers and the other team members represented us in a highly competent and dedicated way. These decisions will empower the European Commission to continue shielding the EU industry from unfair trade practices.”