# C_2008285EN.01003502.xml

| 8.11.2008 | EN | Official Journal of the European Union | C 285/35 |
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8.11.2008

EN

Official Journal of the European Union

C 285/35

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Judgment of the Court of First Instance of 24 September 2008 — Reliance Industries v Council and Commission

(Case T-45/06) (1)

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(Common commercial policy - Anti-dumping duties - Countervailing duties - Expiry of duties - Notice of initiation of a review - Time-limits - WTO Rules)

(2008/C 285/63)

Language of the case: English

Parties

Applicant: Reliance Industries Ltd (Mumbai, India) (represented by: I. MacVay and S. Ahmed, Solicitors, R. Thompson, QC, and K. Beal, Barrister)

Applicant:

Defendants: Council of the European Union (represented by: J.-P. Hix, acting as Agent, assisted by G. Berrisch, lawyer) and Commission of the European Communities (represented by: N. Khan and P. Stancanelli, acting as Agents)

Defendants:

Re:

Application for annulment of:

| — | Commission Notice of 1 December 2005 of initiation of an expiry review of the countervailing measures applicable to imports of certain polyethylene terephthalate originating in inter alia India (OJ 2005 C 304, p. 4), |
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Commission Notice of 1 December 2005 of initiation of an expiry review of the countervailing measures applicable to imports of certain polyethylene terephthalate originating in inter alia India (OJ 2005 C 304, p. 4),

| — | Commission Notice of 1 December 2005 of initiation of an expiry review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand and a partial interim review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in the Republic of Korea and Taiwan (OJ 2005 C 304, p. 9), |
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Commission Notice of 1 December 2005 of initiation of an expiry review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand and a partial interim review of the anti-dumping measures applicable to imports of certain polyethylene terephthalate originating in the Republic of Korea and Taiwan (OJ 2005 C 304, p. 9),

| — | Council Regulation (EC) No 2603/2000 of 27 November 2000 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain polyethylene terephthalate originating in India, Malaysia and Thailand and terminating the anti-subsidy proceeding concerning imports of certain polyethylene terephthalate originating in Indonesia, the Republic of Korea and Taiwan (OJ 2000 L 301, p. 1), Council Regulation (EC) No 2604/2000 of 27 November 2000 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand (OJ 2000 L 301, p. 21), and Commission Decision 2000/745/EC of 29 November 2000 accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand (OJ 2000 L 301, p. 88), in so far as those measures may purport to apply to the applicant in the period after 1 December 2005, |
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Council Regulation (EC) No 2603/2000 of 27 November 2000 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain polyethylene terephthalate originating in India, Malaysia and Thailand and terminating the anti-subsidy proceeding concerning imports of certain polyethylene terephthalate originating in Indonesia, the Republic of Korea and Taiwan (OJ 2000 L 301, p. 1), Council Regulation (EC) No 2604/2000 of 27 November 2000 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand (OJ 2000 L 301, p. 21), and Commission Decision 2000/745/EC of 29 November 2000 accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand (OJ 2000 L 301, p. 88), in so far as those measures may purport to apply to the applicant in the period after 1 December 2005,

| — | in the alternative, Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1) and Article 18(1) of Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (OJ 1997 L 288, p. 1). |
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in the alternative, Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1) and Article 18(1) of Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (OJ 1997 L 288, p. 1).

Operative part of the judgment

The Court:

| 1. | Dismisses the action. |
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1.

Dismisses the action.

| 2. | Orders Reliance Industries Ltd to pay the costs. |
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2.

Orders Reliance Industries Ltd to pay the costs.

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(1)  OJ C 86, 8.4.2006.

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