Victory for Graf von Westphalen at the European Court of Justice
In a ruling handed down on March 22, 2012, the European Court of Justice overturned Council Regulation No. 1355/2008 in which the Council of the European Union imposed anti-dumping duties on canned citrus fruit imported from the People’s Republic of China. The Hamburg Finance Court had asked the European Court of Justice to review the validity of the regulation. The plaintiff was represented before the Hamburg Finance Court and the European Court of Justice by attorney Dr. Klaus Landry, a Partner at Graf von Westphalen.
Dr. Landry successfully argued before the Hamburg Finance Court and the European Court of Justice that both the European Commission and the Council had committed serious procedural errors when they issued the regulation.
The legal action was and is a test case for a number of other cases involving importers who are being represented and advised by Graf von Westphalen. Each importer can now expect to be reimbursed for the anti-dumping duties paid since the regulation took effect. The ruling by the European Court of Justice also removed the grounds for the continued application of the anti-dumping duties imposed on canned citrus fruit from the People’s Republic of China.
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