CELEX: 61998TJ0192
Dumping
Failure by the Council to adopt a Commission proposal for a regulation imposing a definitive anti-dumping duty
Absence of simple majority necessary for the adoption of a regulation
Obligation to state reasons

ACTION for the annulment of the Council’s decision of 5 October 1998 rejecting the proposal for a Council Regulation (EC)
imposing a definitive anti-dumping duty on imports of certain unbleached cotton fabrics originating in the People’s Republic
of China, Egypt, India, Indonesia and Pakistan, definitively collecting the provisional duty imposed by Commission Regulation
(EC) No 773/98 of 7 April 1998 (OJ 1998 L 111, p. 19) and terminating the anti-dumping proceeding in respect of imports of
these fabrics originating in Turkey, submitted by the Commission of the European Communities on 21 September 1998 (document
COM(1998) 540 final)
Operative part
The Court:
1.
Annuls the Council’s decision of 5 October 1998 rejecting the Commission’s proposal for a Council Regulation (EC) imposing
a definitive anti-dumping duty on imports of certain unbleached cotton fabrics originating in the People’s Republic of China,
Egypt, India, Indonesia and Pakistan, definitively collecting the provisional duty imposed by Regulation (EC) No 773/98 (OJ
1998 L 111, p. 19) and terminating the anti-dumping proceeding in respect of imports of these fabrics originating in Turkey,
submitted by the Commission of the European Communities on 21 September 1998 (document COM(1998) 540 final);
2.
Orders the Council of the European Union to pay the costs;
3.
Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.