On The European Court Of Justice On The China-related Abuse Of Anti-dumping Judicial Oversight And Error Correction

Since the entering of WTO, China has faced a number of anti-dumping casesinitiated by European Union, the results of which are mostly imposed a heavy duty.A notable reason for such situation is that the non-market economy rules placedChina in a very disadvantage position. Since2005, European Union has turned to anegative attitude on this issue. Moreover, no enterprise has been granted a marketeconomy treatment (MET) since2010. However, since2009, a parallel phenomenoncomes into sight: the European court system has annulled several regulations issuedby the EU’s anti-dumping body, which is a completely different attitude comparedwith before. This article tries to analyzes this phenomenon and find the implicationsfor China.Chapter Ⅰ describes the non-market economy rule in European and the practiceof the institutions of such rule. The focus of this chapter is to reveal the abuse ofnon-market economy rule by the institutions.Chapter Ⅱ describes the EU’s judicial review system. The focus of this chapteris to indicate that the responsibility of EU’s courts is to guard the rule and thus it isin principle possible to seek EU’s courts to correct the institutitons’ misbehavor.Chapter Ⅲ describes the EU’s practice in judicial review system, and especiallythe recent cases. Based on such descriptions, the chapter further discusses two points:first, the reason that institutions consistently violate EU’s anti-dumping regulation isthat the unreasonableness of non-market economy rule; second, the factors thatleading to such judgment will still exist, which may still propel the court to makesimilar judgments.Chapter Ⅳ discusses the significance of the recent cases. China’s enterprisesneeds to use various strategy to protect their rights.