(Appeal– Dumping– Implementing Regulation (EU) 2017/804– Imports of certain seamless pipes and tubes originating in China– Definitive anti-dumping duty– Regulation (EU) 2016/1036

173In accordance with the first paragraph of Article61 of the Statute of the Court of Justice of the European Union, if the Court of Justice quashes the decision of the General Court, it may itself give final judgment in the matter, where the state of the proceedings so permits.

174In the present case, as regards the first and second pleas in law raised by Hubei, it is sufficient to note that, in the light, in particular, of the considerations set out at paragraphs103 to 115 above and at paragraphs159 and 162 above, no manifest error of assessment affected the Commission’s analysis, in the regulation at issue, in respect of price undercutting, the effects of the dumped imports on prices in the Union market for like products, or the existence of a causal link, pursuant to Article3(2), (3) and (6) of the basic regulation. Those pleas must therefore be rejected as unfounded.

175However, the state of the proceedings does not permit judgment to be given as regards the third and fourth pleas, put forward by Hubei in support of its action for annulment, which were not examined by the General Court. The case must therefore be referred back to the General Court.