MAY NOT EXCEED THE DUMPING MARGIN AND SHOULD BE LESS IF SUCH LESSER DUTY WOULD BE ADEQUATE TO REMOVE THE INJURY .
18 IT FOLLOWS THAT WHEN THE COUNCIL ADOPTS AN ANTI-DUMPING REGULATION IT IS REQUIRED TO ASCERTAIN WHETHER THE AMOUNT OF THE DUTIES IS NECESSARY IN ORDER TO REMOVE THE INJURY . IN THIS CASE , HOWEVER , THERE IS NOTHING IN THE DOCUMENTS BEFORE THE COURT TO SUGGEST THAT THE COUNCIL TOOK INTO CONSIDERATION THAT ASPECT OF THE MATTER .
19 IN THE PREAMBLE TO REGULATION NO 101/83 , THE COUNCIL DEALS IN DETAIL WITH THE QUESTION WHETHER THE INJURY WAS CAUSED BY IMPORTS FROM THE UNITED STATES OR BY SALES ON THE FRENCH MARKET BY PRODUCERS ESTABLISHED IN OTHER MEMBER STATES . IT DOES NOT HOWEVER DISCUSS THE QUESTION OF THE AMOUNT OF DUTIES NECESSARY IN ORDER TO REMOVE THE INJURY ; ITS ONLY REFERENCE IN THAT CONNECTION IS TO THE COMMISSION ' S VIEW THAT ' LOWER LEVELS WOULD CONSTITUTE A BONUS FOR ALLIED CORPORATION ' S WITHDRAWAL FROM ITS UNDERTAKING AND SUBSEQUENT NON-COOPERATION AND THE WITHDRAWAL FROM THEIR UNDERTAKINGS BY KAISER AND TRANSCONTINENTAL ' . THAT CONSIDERATION IS NOT RELEVANT TO THE APPLICATION OF ARTICLE 13 ( 3 ) OF THE REGULATION . EXAMINATION OF THE CASE HAS NOT DISCLOSED ANY OTHER FACTORS INDICATING THAT THE COUNCIL TOOK INTO ACCOUNT THAT ARTICLE IN FIXING THE AMOUNT OF THE ANTI-DUMPING DUTIES . IT MUST THEREFORE BE CONCLUDED THAT THE REGULATION WAS ADOPTED IN DISREGARD OF ARTICLE 13 AND THAT IT MUST THEREFORE BE DECLARED VOID .
Decision on costs
COSTS
20 UNDER ARTICLE 69 ( 2 ) OF THE RULES OF PROCEDURE , THE UNSUCCESSFUL PARTY IS TO BE ORDERED TO PAY THE COSTS . SINCE THE COUNCIL HAS FAILED IN ALL ITS SUBMISSIONS , IT MUST BE ORDERED TO PAY THE COSTS . THE COMMISSION MUST ALSO BE ORDERED TO PAY THE COSTS OF ITS INVERVENTION .
Operative part
ON THOSE GROUNDS ,
THE COURT
HEREBY :
( 1 ) DECLARES VOID COUNCIL REGULATION ( EEC ) NO 101/83 OF 17 JANUARY 1983 ;
( 2 ) ORDERS THE COUNCIL TO PAY THE COSTS AND THE COMMISSION TO PAY THE COSTS OF ITS INTERVENTION .