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EU: ECJ Judgment in Case C‑781/23 regarding temporary admission procedures

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On 12 December 2024, the European Court of Justice (ECJ) delivered a judgment in the case C‑781/23, which has implications for businesses importing goods under temporary admission. The case arose from a request for a preliminary ruling from the Högsta förvaltningsdomstolen (Supreme Administrative Court, Sweden) and involved Malmö Motorrenovering AB and AllmĂ€nna ombudet hos Tullverket. Background of the Case The central issue in this case was the interpretation of Article 251 of the Union Customs Code (UCC).…

EU: Ruling from the highest court has impact on companies’ ability to relocate manufacturing in response to trade wars

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In a landmark ruling on 21 November 2024, the European Court of Justice (“ECJ”) dismissed an appeal, upholding the General Court of the European Union’s original decision that relocation of production from the US to Thailand with the dominant purpose of avoiding EU retaliatory tariffs on US-origin goods could not be “economically justified” and as such falls foul of the EU’s “anti-circumvention” rules. This decision could have wide-ranging impacts, including a significant impact on companies’…

Storage and inward processing dilemma when EU anti-dumping measures are in place

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Under EU customs law, storing and warehousing EU and non-EU goods is possible if certain conditions are met. However, since 2020, non-EU goods subject to anti-dumping, countervailing, or safeguard measures, can no longer be stored together with EU goods. This is because EU customs law now states that non-EU goods subject to anti-dumping measures do not have the same commercial quality as EU goods, and goods that do not have the same commercial quality cannot…

Customs cases no longer ruled upon by the European Court of Justice – Changes to the jurisdiction of the General Court

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The rules (Statute) of the Court of Justice of the European Union (CJEU) have recently changed. The changes aim to enhance the EU judicial process and reduce the workload of the CJEU. The number of requests for preliminary rulings have increased significantly over the years. In cases concerning preliminary rulings, EU member state courts ask for the opinion of the CJEU on issues of EU law to help give a judgment in a national case.…

EU starts automatically registering imports of products subject to anti-dumping and anti-subsidy investigations

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On 24 September, the European Commission (“Commission”) announced that, as a general policy measure, it would start automatically registering imports of products subject to anti-dumping and anti-subsidy investigations, including in ongoing investigations. Until now, complainants had to request the Commission to register imports based on evidence of stockpiling (i.e., of increased imports during the investigation). On 24 October, the Commission published a several regulations in fact registering imports in all ongoing anti-dumping and anti-subsidy investigations.…

Front Polisario: Court of Justice confirms that EU institutions violated right to self‑determination of Sahrawi people

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On 4 October 2024, the Court of Justice of the European Union (CJEU) delivered judgments in Front Polisario (joined cases C‑778/21 P and C-798/21 P and joined cases C‑779/21 P and C-799/21 P). These judgments concern appeals brought by the European Commission and the Council of the EU against judgments of the General Court of the EU annulling EU decisions related to agreements between the EU and Morocco involving the Western Sahara territory. The EU…

EU: Anti-dumping measures to apply in more situations because Commission extends definition of “consigned from” (updated)

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This blog concerns an update of our previous blog on the extension of the definition of “consigned from”, to be found here. In 2023, the EU applied anti-dumping or anti-subsidy duties (together “AD/AS duties”) on imports of 141 products from 20 countries. The EU regularly extends these duties to imports of these products from other countries to counter circumvention.As context, to see whether AD/AS duties apply, you need to look at the non-preferential origin of…

EU: The European Commission published the proposal for the Combined Nomenclature for 2025

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On 23 September 2024, the European Commission published the proposal to amend the EU Combined Nomenclature (“CN”). We set our below key updates in this proposal: The declaration of goods upon import, export, or when subject to intra-Community trade statistics between EU Member States is based on the CN. This sets the customs duty rate that is applicable as well as determines how the products are handled for statistical purposes. Therefore, the CN is an…

EU Commission proposes a 12 month extension to implementation of the EU Deforestation Regulation and confirms publication of new guidance

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On 2 October 2024, after months of speculation, the EU Commission announced a proposal for a further 12 months of “phasing-in” time for the implementation of the EU Deforestation Regulation (“EUDR”), as well as the publication of its long-awaited guidelines and updated FAQs relating to the EUDR (see press release here). The announcement of the extension comes after multiple global stakeholders, including German chancellor Olaf Scholz, called for implementation to be delayed amidst concerns about…

EU: Evading anti-dumping duties – EPPO seeks prison sentences of 8 years for company directors, a fine of over EUR 25 million and seizes assets

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On 17 September 2024, the European Public Prosecutor’s Office (EPPO), an EU body that prosecutes among others financial crimes that affect the EU budget, announced that it is seeking criminal penalties from two companies and five of their directors of more than 8 years imprisonment along with a fine of over EUR 25 million. Over 30 properties linked to the defendants were seized to ensure that the defendants can meet their financial liabilities. EPPO alleges…