(Case C-207/17 Request for a preliminary ruling from the Commissione tributaria di primo grado di Bolzano (Italy) lodged on 21April 2017— Rotho Blaas Srl v Agenzia delle Dogane e dei Monopoli

Request for a preliminary ruling from the Commissione tributaria di primo grado di Bolzano (Italy) lodged on 21April 2017— Rotho Blaas Srl v Agenzia delle Dogane e dei Monopoli

(Case C-207/17)

Language of the case: Italian

Referring court

Commissione tributaria di primo grado di Bolzano

Parties to the main proceedings

Applicant: Rotho Blaas Srl

Defendant: Agenzia delle Dogane e dei Monopoli

Questions referred

Are Council Regulation (EC) No91/2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China¹ and Council Implementing Regulation (EU) No924/2012 amending Regulation (EC) No91/2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China,² and Commission Implementing Regulation (EU) 519/2015 of 26March 2015 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China, as extended to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, following an expiry review pursuant to Article11(2) of Regulation (EC) No1225/2009³ invalid/unlawful/ incompatible with Article VI of the General Agreement on Tariffs and Trade of 1994 and the decision of the WTO DSB of 28July 2011?

If Regulation (EC) No91/2009 imposing an anti-dumping duty and related implementing regulations Nos 924/2012 and 519/2015 are declared invalid/unlawful/incompatible, does the repeal of the anti-dumping duties imposed on the basis of the contested measures produce legal effects from the time Implementing Regulation (EU) No278/2016⁴ enters into force, or from the date on which the contested measure, that is to say, Basic Regulation (EC) No91/2009, entered into force?

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¹ Council Regulation of 26January 2009 (OJ 2009 L29, p.1).² Council Regulation of 4October 2012 (OJ 2012 L275, p.1).³ Commission Regulation of 26March 2015 (OJ 2015 L82, p.78).⁴ Commission Implementing Regulation (EU) 2016/278 of 26February 2016 repealing the definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the People's Republic of China, as extended to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ 2016 L52, p.24).