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Extramet Industrie SA v. Council

1992 E.C.R. 3813 (1992)

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Extramet Industrie SA v. Council

European Union Court of Justice

1992 E.C.R. 3813 (1992)

Facts

Extramet Industrie SA (Extramet) (plaintiff) was the largest European importer of calcium metal, importing mainly from China and the former Soviet Union. Extramet distilled calcium metal into pure calcium for sale to the metallurgical industry in Europe. The sole calcium metal producer in Europe, Pechiney, also distilled calcium metal into pure calcium for sale in Europe and held the dominant position in the European pure-calcium market. Pechiney refused to sell calcium metal to Extramet. Pechiney lodged a complaint with the Council of the European Communities (council) (defendant), claiming that Pechiney had sustained a dumping injury stemming from imports of calcium metal from Chinese and Soviet companies. The council responded by passing a regulation imposing an antidumping duty on calcium metal from China and the Soviet Union. Extramet commenced an action seeking to annul the regulation, claiming that any injury Pechiney suffered was self-inflicted because Pechiney refused to sell to Extramet.

Rule of Law

Issue

Holding and Reasoning

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