EBB Achieves Victory in Battle Against Unfair Indonesian Biodiesel Imports

The European Biodiesel Board (EBB) has achieved a significant legal victory, as the Court of Justice ruled in its favor by rejecting the appeal made by Indonesian exporters PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo. The exporters had appealed a 2022 General Court judgment, seeking to annul countervailing duties imposed on Indonesian biodiesel imports. However, the Court of Justice upheld the General Court's ruling in its entirety, bringing an end to four years of litigation.

The decision reinforces the validity of the countervailing duties imposed on November 28, 2019, designed to protect the European biodiesel industry from unfair competition caused by Indonesia's pricing practices. The duties were intended to create a fairer trading environment within the EU, where biodiesel producers were facing pricing pressures due to the lower-cost imports from Indonesia, which were seen as benefiting from unfair subsidies. This latest judgment strengthens the EBB's stance on defending the EU market from what it perceives as unfair trade practices.

Xavier Noyon, Secretary General of the EBB, described the ruling as a critical development in the organization's ongoing efforts to secure a level playing field for EU biodiesel producers. “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,” Noyon stated. He further highlighted that the timing of the ruling is essential, as the countervailing duties are soon set to expire. A review investigation will now determine if there is sufficient reason to extend these duties for an additional five-year period.

The General Court’s original ruling in December 2022 had already dismissed all claims from the Indonesian exporters, who sought to overturn the duties. The Court of Justice’s decision to uphold this ruling brings clarity and finality to the long-standing dispute.

For over 16 years, the EBB has actively fought against unfair competition from third countries, aiming to secure the long-term sustainability of the European biodiesel sector. Noyon emphasized that the organization’s efforts have focused on preserving jobs across the EU's 27 Member States, advancing research and development, and promoting the EU’s gradual independence from fossil fuels. “EBB remains committed to fight against any unfair trading practices that could jeopardize the full development of the EU biodiesel industry,” Noyon added.

This ruling underscores the EBB’s dedication to ensuring the competitiveness and future growth of the EU biodiesel industry, which continues to face challenges from global trade dynamics.