EU court upholds Armenal appeal for anti-dumping duty annulment

PanARMENIAN.Net - Aluminium producer UC RUSAL has announced that under Judgment dated Nov 5, 2013, the General Court of the European Union upheld the appeal of RUSAL Armenal ZAO (Armenal), a foil-producing subsidiary of UC RUSAL located in Armenia, for annulment of a Council regulation that had imposed an anti-dumping duty on imports of aluminium foil by Armenal into the European Union.

Council Regulation (EC) No. 925/2009 of September 24, 2009 (“Regulation”) had imposed a definitive anti-dumping duty and a provisional duty on imports of certain aluminium foil originating in Armenia, Brazil, and the People’s Republic of China.

In December 2009, Armenal filed an application in Luxembourg against the Council for annulment of the Regulation. Armenal argued, among other things, that the Regulation violated Article 2(1) - (6) of Council Regulation (EC) No. 384/96 of December 22, 1995 on protection against dumped imports from countries not members of the European Community (as amended), and Articles 2.1 and 2.2 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.

In March 2010 the European Commission intervened in the case, joining the Council in its opposition to Armenal’s application.

In its Judgment, the court held that Armenal’s above argument was well founded, annulled the regulation, and ordered the Council of the European Union to pay the costs incurred by Armenal in the case.

The Company is delighted that the court found in its favor and overturned the Regulation, which had adversely affected its rights and interests without proper legal basis.

UC RUSAL is a leading global producer of aluminium. In 2012, accounting for approximately 9% of global production of aluminium and 8% of alumina. UC RUSAL employs about 70,000 people in 19 countries, across 5 continents. UC RUSAL markets and sells its products primarily in the European, Japanese, Korean, Chinese, South East Asian and North American markets. UC RUSAL’s ordinary shares are listed on The Stock Exchange of Hong Kong Limited (Stock code: 486), global depositary shares representing UC RUSAL’s ordinary shares are listed on the professional compartment of Euronext Paris (RUSAL for Reg S GDSs and RUAL for Rule 144A GDSs), and Russian depositary receipts that are issued on common shares of the Company are listed on Moscow Exchange (RUALR/RUALRS).