Legal provisions of COM(2003)543 - Protection against the effects of the application of the US Anti-Dumping Act of 1916, and actions based thereon or resulting therefrom

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2003)543 - Protection against the effects of the application of the US Anti-Dumping Act of 1916, and actions based thereon or resulting ...
document COM(2003)543 EN
date December 15, 2003


Contents

Article 1

No judgment of a court or tribunal and no decision of an administrative authority located in the United States of America giving effect, directly or indirectly, to the Anti-Dumping Act of 1916 or to actions based thereon or resulting therefrom, shall be recognised or be enforceable in any manner.

Article 2

1. Any person referred to in Article 3 shall be entitled to recover any outlays, costs, damages and miscellaneous expenses incurred by him or her as a result of the application of the Anti-Dumping Act of 1916 or by actions based thereon or resulting therefrom.

2. Recovery may be obtained as soon as an action under the Anti-Dumping Act of 1916 is commenced.

3. Recovery may be obtained from the natural or legal person or any other entity that brought a claim under the Anti-Dumping Act of 1916 or from any person or entity related to that person or entity. Persons or entities shall be deemed to be related if:

(a) they are officers or directors of one another's businesses;

(b) they are legally recognised partners in business;

(c) one of them controls directly or indirectly the other;

(d) both of them are directly or indirectly controlled by a third person

4. Without prejudice to other means available and in accordance with applicable law, the recovery may take the form of seizure and sale of assets held by the defendant, including shares held in a legal person incorporated within the Community.

Article 3

The persons referred to in Article 2(1) shall be:

(a) any natural person being a resident in the Community;

(b) any legal person incorporated within the Community;

(c) any natural or legal person referred to in Article 1(2) of Regulation (EEC) No 4055/86(4);

(d) any other natural person acting in a professional capacity within the Community, including in territorial waters and air space and in any aircraft or on any vessel under the jurisdiction or control of a Member State.

For the purposes of point (a), 'being a resident in the Community' shall mean being legally established in the Community for a period of at least six months within the 12-month period immediately prior to the date on which, under this Regulation, an obligation arises or a right is exercised.

Article 4

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.


This Regulation shall be binding in its entirety and directly applicable in all Member States.