Europa Application for a declaration that a measure is void – Action brought against a regulation imposing a provisional anti-dumping duty – Adoption during the proceedings of a regulation (also challenged) imposing a definitive anti-dumping duty at a lower rate, which was rendered applicable ab initio – Application devoid of purpose – Decision unnecessary (EEC Treaty, Art. 173)
An application against a regulation imposing a provisional anti-dumping duty becomes devoid of purpose, with the result that the Court no longer has to give a decision upon it, where that regulation is replaced during the proceedings by a regulation – which is also challenged by the applicant -imposing a definitive anti-dumping duty and the definitive rate of duty, which is lower than the rate of the provisional duty, applies to the collection of the amounts secured by the latter.
Case 56/85, C-56/85,  EUECJ C-56/85
Updated: 22 May 2022; Ref: scu.134056