Judgment of the General Court of 11 October 2012 - Novatex v Council
(Case T-556/10)
(Subsidies - Imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates - Definitive countervailing duty and definitive collection of provisional duty - Article 3(1) and (2), Article 6(b), and Article 7(2) of Regulation (EC) No 597/2009)
Language of the case: English
Parties
Applicant: Novatex Ltd (Karachi, Pakistan) (represented by: B. Servais, lawyer)
Defendant: Council of the European Union (represented by: B. Driessen, Agent, assisted by G. Berrisch, lawyer, and N. Chesaites, Barrister)
Intervener in support of the defendant: European Commission (represented by: H. van Vliet, M. França and G. Luengo, acting as Agents)
Re:
Application for annulment of Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing duty and collecting definitely the provisional duty imposed on imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates (OJ 2010 L 254, p. 10), in so far as it concerns the applicant.
Operative part of the judgment
The Court:
Annuls Article 1 of Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain types of polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates in so far as it concerns Novatex Ltd, in so far as the definitive countervailing duty for imports of certain types of polyethylene terephthalate into the European Union exceeds that applicable in the absence of the error concerning the amount indicated in line 74 of the 2008 tax return.
Dismisses the action as to the remainder.
Orders the Council of the European Union to pay its own costs and 50% of those incurred by Novatex. Novatex is ordered to bear 50% of its own costs. The European Commission is ordered to bear its own costs.
____________1 - OJ C 30, 29.1.2011.