Judgment of the Court (Eighth Chamber) of 28 March 2019.River Kwai International Food Industry Co. Ltd v Council of the European Union.Appeal — Dumping — Definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand — Interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009.Case C-144/18 P.

Judgment // 28/03/2019 // 2 min read
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Judgment of the Court (Eighth Chamber) of 28 March 2019 — River Kwai International Food Industry v AETMD

(Case C‑144/18 P) ( 1 )

(Appeal — Dumping — Definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand — Interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009)

  1. Appeal — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions

(Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.)

(see para. 20)

  1. Appeal — Grounds — Grounds of a judgment vitiated by an infringement of EU law — Operative part well founded for other legal reasons — Rejection

(see para. 22)

  1. Judicial proceedings — Intervention — Objection of inadmissibility not raised by the defendant — Inadmissibility

(Statute of the Court of Justice, Art. 40, fourth para.)

(see paras 23, 27)

  1. Action for annulment — Judgment annulling a measure — Effects — Obligation to implement

(Arts 264 and 266 TFEU; Statute of the Court of Justice, Art. 60)

(see paras 45-47)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders River Kwai International Food Industry Co. Ltd to bear its own costs and to pay those incurred by the Association européenne des transformateurs de maïs doux (AETMD) and by the Council of the European Union;

  3. Orders the Commission to bear its own costs.

( 1 ) OJ C 142, 23.4.2018.