CELEX: 62004TJ0199
Language: en
Date: 2011-09-27
Title: Judgment of the General Court (Seventh Chamber) of 27 September 2011. # Gul Ahmed Textile Mills Ltd v Council of the European Union. # Dumping - Imports of cotton bed linen originating in Pakistan - Injury - Causal link. # Case T-199/04.

Judgment of the General Court (Seventh Chamber) of 27 September 2011 – Gul Ahmed Textile Mills v Council
      (Case T-199/04)
      Dumping – Imports of cotton bed linen originating in Pakistan – Injury – Causal link
      1.                     Common commercial policy – Protection against dumping – Injury – Establishing of the causal link – Obligations of the institutions
            – Whether factors extraneous to dumping to be taken into account – Abolition of previous anti-dumping duties and ordinary
            customs duties under the system of generalised tariff preferences – Included (Agreement on the implementation of Article VI
            of the General Agreement on Tariffs and Trade, ‘1994 Anti-dumping Code’, Art. 3.5; Council Regulations No 384/96, Art. 3(6)
            and (7), and No 1225/2009, Art. 3(6) and (7)) (see paras 53, 55-61, 68-69, 83)
      2.                     European Union law – Interpretation – Methods – Interpretation having regard to international agreements concluded by the
            Community – Interpretation of Regulation No 384/96 having regard to the 1994 GATT anti-dumping Code (Agreement on the implementation
            of Article VI of the General Agreement on Tariffs and Trade, ‘1994 Anti-dumping Code’; Council Regulation No 384/96) (see
            para. 54)
      3.                     Common commercial policy – Protection against dumping – Injury – Establishing of the causal link – Obligations of the institutions
            – Whether factors extraneous to dumping to be taken into account – Need for overall analysis (Council Regulations No 384/96,
            Arts 3(6) and (7), and 17(3), and No 1225/2009) (see paras 75-81)
      Re:
      
         
               APPLICATION for annulment 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 Pakistan (OJ 2004 L 66, p. 1), in so far as it concerns the applicant.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Annuls 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 Pakistan in so far as it concerns Gul Ahmed Textile Mills Ltd;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Council of the European Union to bear its own costs and pay those incurred by Gul Ahmed Textile Mills;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders the European Commission to bear its own costs.