CELEX: 62010TJ0556
Subsidies
Imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates
Definitive countervailing duty and definitive collection of provisional duty
Article 3(1) and (2), Article 6(b), and Article 7(2) of Regulation (EC) No 597/2009

APPLICATION for annulment of Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing
duty and collecting definitely the provisional duty imposed on imports of certain types of polyethylene terephthalate originating
in Iran, Pakistan and the United Arab Emirates (OJ 2010 L 254, p. 10), in so far as it concerns the applicant.
Operative part
The Court:
1.
Annuls Article 1 of Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing
duty and collecting definitively the provisional duty imposed on imports of certain types of polyethylene terephthalate originating
in Iran, Pakistan and the United Arab Emirates in so far as it concerns Novatex Ltd, in so far as the definitive countervailing
duty for imports of certain types of polyethylene terephthalate into the European Union exceeds that applicable in the absence
of the error concerning the amount indicated in line 74 of the 2008 tax return;
2.
Dismisses the action as to the remainder;
3.
Orders the Council of the European Union to pay its own costs and 50% of those incurred by Novatex. Novatex is ordered to
bear 50% of its own costs. The European Commission is ordered to bear its own costs.