The European Biodiesel Board (EBB) announced that the Court of Justice of the EU (CJEU) had rejected an appeal lodged by two Indonesian exporters against a judgement delivered by the European General Court in December 2022.
The ruling upheld the General Court’s rejection in December 2022 of all claims from Indonesian exporters to annul the countervailing duties on biodiesel imports from Indonesia imposed on 28 November 2019, the EBB said on 17 October.
In 2019, the EU imposed five-year tariffs on Indonesian biodiesel ranging from 8-18% to counter subsidies given to producers in the country, Bloomberg reported at the time.
Brought by Indonesian producers PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo, the appeal claimed that the General Court’s judgment had misinterpreted the European Union (EU) Regulation on protection against subsidised imports, specifically regarding the calculation method of the alleged subsidy and on the determination of the injury.
The companies claimed that the appealed judgment misinterpreted World Trade Organization (WTO) Panel reports.
In its latest decision, delivered on 17 October, the CJEU rejected the claims and upheld the ruling of the General Court, putting an end to four years of litigation, the EBB said.
“The ruling marks a new milestone for EBB in its long and continuous battle to fight against unfair imports of biodiesel and restore a level playing field in the EU,” EBB secretary general Xavier Noyon said.
“This ruling comes at a critical moment as the countervailing duties will soon expire unless an expiry review investigation concludes there is a need to extend them for another five-year period.”
The EBB said Indonesia had now brought this issue before the WTO, as it had anticipated the claims from Indonesian exporters would be unsuccessful before the EU courts.
“EBB remains confident that the WTO ruling would support the work done by the European Commission during the investigation, notably in the light of partial cooperation from the Indonesian counterparts,” the organisation said.
Secretary general Noyon said the EBB has been fighting against unfair competition for more than 16 years.
“The EBB remains committed to fight against any unfair trading practices that could jeopardise the full development of the EU biodiesel industry,” he added.
An association for the EU biodiesel sector, the EBB represents producers using all feedstocks: food/feed crops, waste, residues and other biogenic materials.
