EU 반덤핑법에 관한 사례 연구― 법원의 심사기준을 중심으로 ―

Generally, economic situation is not limited to in itself. It is connected to the complexity of the social, political, legal circumstance in trade defence measures and the anti-dumping measures palys a key role among them. The EU Court has maintained the opinion that EU institutions enjoy a broad discretion by reason of the complexity of the economic, political and legal situations which they have to examine in the sphere of measures to protect trade. According to case-law, in that sphere review by the Courts of the Union of assessments made by the institutions is limited to verifying that the relevant procedural rules have been complied with, that the facts on which the contested choice is based have been accurately stated and that there has been no manifest error of assessment of the facts or misuse of power. Given that the Union Institutions enjoy a wide discretion in trade defence matters, actions before the European courts will be successful only where the applicant can show that the Union Institutions have failed to observe the procedural guarantees provided for in the Regulation, have committed manifest errors in the assessment of the facts, or have based the reasons for their decisions on considerations amounting to misuse of powers. In recent cases, the European courts has stressed the importance for the Union Institutions to respect procedural guarntees and reiterated that respect for the rights of the defence is of crucial importance in anti dumping proceedings. Despite this change of the European courts' rulings tendancy, the intensity of review to the EU Institutions is still weak. This comes from the fact that the European court is one of the EU Institutions provided in the Treaty. But this court's limit should be surmounted for the progressive unification of EU anti dumping law.