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.