CELEX: 62011CN0638
Language: en
Date: 2011-12-12 00:00:00
Title: Case C-638/11 P: Appeal brought on 12 December 2011 by Council of the European Union against the judgment of the General Court (Seventh Chamber) delivered on 27 September 2011 in Case T-199/04: Gul Ahmed v Council of the European Union, supported by European Commission

3.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 65/5
            
         Appeal brought on 12 December 2011 by Council of the European Union against the judgment of the General Court (Seventh Chamber) delivered on 27 September 2011 in Case T-199/04: Gul Ahmed v Council of the European Union, supported by European Commission
   (Case C-638/11 P)
   2012/C 65/10
   Language of the case: English
   
      Parties
   
   
      Appellant: Council of the European Union (represented by: J.-P. Hix, Agent, G. Berrisch, Rechtsanwalt)
   
      Other parties to the proceedings: Gul Ahmed Textile Mills Ltd, European Commission
   
      Form of order sought
   
   The appellant claims that the Court should:
   
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               set aside the contested judgment (judgment of the General Court of 27 September 2011 in case T-199/04 in so far as the General Court (i) annulled Regulation (EC) No 397/2004 (1) imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan (‘Contested Regulation’) and (ii) ordered the Council to bear its own costs and pay the costs incurred by the Applicant);
            
         
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               dismiss the third limb of the fifth plea of the Application;
            
         
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               refer the case back to the General Court for the remainder of the Application;
            
         
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               order the Applicant to pay the costs of the appeal; and
            
         
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               reserve costs for the proceedings before the General Court.
            
         
      Pleas in law and main arguments
   
   The Council submits that the General Court erred in finding that the abolition of the previous anti-dumping duties on bed linen from Pakistan and the implementation of a scheme of generalised tariff preferences in favour of Pakistan at the start of 2002 constituted ‘other factors’ within the meaning of Article 3(7) of the Basic Regulation. Consequently, the General Court erred in finding that in the present case the institutions committed a violation of Article 3(7) of the Basic Regulation because they failed to separate and distinguish the alleged injurious effects of these factors.
   
      (1)  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 L 66, p. 1