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Judgment of the General Court (Seventh Chamber) of 11 October 2012.#Novatex Ltd v Council of the European Union.#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.#Case T‑556/10.
ECLI:EU:T:2012:537
62010TJ0556
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(Case T-556/10)
4. Common commercial policy — Protection against subsidisation practices of non-Member States — Course of the investigation — Powers of the Commission — Limits — Obligation of the undertakings concerned by a complaint to cooperate — Scope (Council Regulation No 597/2009, Arts 11(2) and 26) (see paras 81, 87)
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
The Court:
1.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;
2.Dismisses the action as to the remainder;
3.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.