Brother Industries Ltd v Commission of the European Communities (Rec 1988,P 5655) (Judgment): ECJ 5 Oct 1988

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.

Citations:

Case 56/85, C-56/85, [1988] EUECJ C-56/85

Links:

Bailii

European, Commercial

Updated: 22 May 2022; Ref: scu.134056