Judgment — ECLI:EU:T:2005:104
Date: 2005-03-17
Language of the case: English
Court formation: Fourth Chamber, Extended Composition
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Dumping;External relations;Commercial policy
Concepts: Statement of reasons;General
Procedure: Action for annulment - successful
Origin: Belgium

INFORMATION ON UNPUBLISHED DECISIONS
Decision of the Opposition Division Dismissal of the applicant's application for
goods in Class 18. Dismissal of the opposition
as to the remainder
Decision of the Board of Appeal: Dismissal of the appeal brought by the
applicant
Operative part
The Court:
1. Dismisses the application;
2. Orders the applicant to bear the costs.
Judgment of the Court of First Instance (Fourth Chamber, Extended
Composition) of 17 March 2005 — Eurocoton v Council
(Case T-192/98)
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
1. Actions for annulment — Actionable measures — Definition — Measures
producing binding legal effects — Failure to adopt a proposal for a regulation
imposing an anti-dumping duty — Effect of the regulatory nature of the anti­
dumping procedure — None (Art. 230 EC; Council Regulation No 384/96,
Art. 6(9)) (see paras 30-32)
I -2*
INFORMATION ON UNPUBLISHED DECISIONS
2. Acts of the institutions — Statement of reasons — Obligation — Scope —
Failure to adopt a proposal for a regulation imposing a definitive anti­
dumping duty (Art. 253 EC; Council Regulation No 384/96) (see para. 35)
Re
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.
I - 3*