01 April 2021
The Court revoked the ICIT’s decision on the refusal of introduction of quotas on imported fertilizers
On 31 March 2021, Kiev District Administrative Court overruled the ICIT decision of 22 June 2020 to refuse the introduction of quotas on the import of nitrogen and compound fertilizers.
The court ruled on the claim of PrJSC “Azot” (Cherkasy), which is part of Ostchem nitrogen line of business.
Among the plaintiffs’ arguments in favor of revoking the ICIT decision, the court accepted the fact that the decision to close the investigation without applying special measures was unfounded and contrary to national interests in accordance with Article 17 of the Law “On the Application of Special Measures Regarding Import to Ukraine” dated 23.03.2000.
Aside from this, ICIT committed serious procedural infringements while making that decision.
The plaintiff in court also referred to the fact that the Intergovernmental Commission on International Trade unjustifiably extended the special investigation, and subsequently, groundlessly and without any evidence, refused to introduce quotas, completely ignoring the objective conclusions made by the Ministry for Development of Economy, Trade and Agriculture (“MDETA”), investigation materials and the actual state of the industry.
The court overturned the ICIT decision of 22 June 2020 and ordered the Commission to take into account MDETA conclusions justifying the introduction of such quotas.
This decision of Kiev District Administrative Court can be appealed within 30 days.