Case T-199/04: Action brought on 28 May 2004 by Gul Ahmed Textile Mills Ltd against the Council of the European Union
Date: 2004-05-28
Institutions: Court of First Instance
Subjects: Council of the European Union, Pakistan, World Trade Organisation, action for annulment (EU), anti-dumping duty, anti-dumping legislation, cotton, import, originating product, textile product

C 217/24

EN

Official Journal of the European Union

28.8.2004

Decision of
of Appeal:

the Board

Rejection of the appeal brought by
Flex Equipos de Descanso

Pleas in law:

Infringement of Rule 18(2) and
22(4) of Commission Regulation
No 2868/95 (1) and the oppo-
nent's right to be heard in accord-
ance with Rule 18 of the regu-
lation, as well as an infringement
of Article 8 of Council Regulation
No 40/94 (2).

(1) Commission Regulation (EC) No 2868/95 of 13 December 1995
implementing Council Regulation (EC) No 40/94 on the Com-
munity trade mark (OJ L 303, p. 1)

(2) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 11, p. 1)

Action brought on 28 May 2004 by Gul Ahmed Textile
Mills Ltd against the Council of the European Union

(Case T-199/04)

(2004/C 217/44)

(Language of the case: English)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 28 May 2004 by Gul Ahmed Textil Mills Ltd,
represented by L. Ruessmann,
Landhi, Karachi
lawyer, with an address for service in Luxembourg.

(Pakistan),

The applicant claims that the Court should:

— Annul Article 1 of Council Regulation (EC) No. 397/2004
of 2 March 2004 imposing a definitive anti-dumping duty
on imports of cotton-type bed linen originating in Paki-
stan (1) to the extent it imposes anti-dumping duties on the
product of the applicant,

— order the Council to pay the costs.

Pleas in law and main arguments:

The applicant submits that the complaint, on the basis of
which the investigation was opened, was manifestly insuffi-
cient both with regard to what it presents as facts and with
regard to its reasoning in support of the opening of an
investigation,

— a manifest error of assessment, a breach of Articles 2, para-
graphs 3 and 5, and Article 18, paragraph 4, of Regulation
(EC) No. 384/96, and a breach of the World Trade Organi-
sation Anti-dumping Agreement, with regard to the calcula-
tion of the normal value,

— a breach of Article 2, paragraph 10, of Regulation (EC) No.
384/96,
the World Trade Organisation Anti-dumping
Agreement and of the obligation to state adequate reasons
under Article 253 EC in connexion with the drawback
adjustment in the comparison of the normal value and
export price,

— a manifest error of assessment, a breach of Article 3 of
Regulation (EC) No. 384/96, and a breach of the World
Trade Organisation Anti-dumping Agreement, as regards
the determination of the existence of material injury as well
as the establishment of a causal link between the allegedly
dumped imports and the alleged injury.

(1) OJ L66 4/3/2004 p. 1
(2) OJ L 56 , 06.03.1996 p. 1

Action brought on 28 May 2004 by the Regione
Autonoma della Sardegna against the Commission of the
European Communities

(Case T-200/04)

(2004/C 217/45)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 28 May 2004 by the Regione
Autonoma della Sardegna, represented by Domenico Dodaro,
lawyer.

The applicant is a Pakistani company which produces bed linen
and exports it to the European Union. Its products are subject
to the anti-dumping duty imposed by the contested regulation.
In support of its application to annul that regulation, the appli-
cant invokes the following grounds:

— a breach of Article 5, paragraphs 7 and 9, of Regulation
(EC) No. 384/96 (2) and a breach of Articles 5.1 and 5.2 of
the World Trade Organisation Anti-dumping Agreement,
insofar as the initiation of the investigation is concerned.

The applicant claims that the Court should:

— declare invalid that part of Commission Decision C(2004)
471of 16 March 2004 holding aid granted by Italy through
Article 5 of Law No 22 of the Region of Sardinia of 17
November 2000 to be incompatible with the common
market;

— order the Commission to pay the costs.