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Case C-638/11 P: Judgment of the Court (Fifth Chamber) of 14 November 2013 — Council of the European Union v Gul Ahmed Textile Mills Ltd, European Commission (Appeal — Dumping — Imports of cotton-type bed linen originating in Pakistan — Regulation (EC) No 384/96 — Article 3(7) — Concept of ‘other factors’ )

ECLI:EU:UNKNOWN:62011CA0638

62011CA0638

November 14, 2013
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Official Journal of the European Union

C 9/5

(Case C-638/11 P) (<a id="ntc1-C_2014009EN.01000501-E0001" href="#ntr1-C_2014009EN.01000501-E0001"> (<span class="super">1</span>)</a>

(Appeal - Dumping - Imports of cotton-type bed linen originating in Pakistan - Regulation (EC) No 384/96 - Article 3(7) - Concept of ‘other factors’)

2014/C 9/06

Language of the case: English

Parties

Appellant: Council of the European Union (represented by: J.-P. Hix, Agent, and G. Berrisch, Rechtsanwalt)

Other parties to the proceedings: Gul Ahmed Textile Mills Ltd (represented by: L. Ruessmann, avocat), European Commission (represented by: A. Stobiecka-Kuik, Agent, and E. McGovern, Barrister)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 27 September 2011 in Case T-199/04 Gul Ahmed Textile Mills v Council which annulled, in so far as it concerned Gul Ahmed Textile Mills Ltd, 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) — Infringement of Article 3(7) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1) — Determination of injury — Establishment of a causal link between the dumped imports and the injury caused — Factors to be taken into consideration

Operative part of the judgment

The Court:

1.Sets aside the judgment of the General Court of the European Union of 27 September 2011 in Case T-199/04 Gul Ahmed Textile Mills v Council;

2.Refers the case back to the General Court of the European Union;

3.Reserves the costs.

(<a id="ntr1-C_2014009EN.01000501-E0001" href="#ntc1-C_2014009EN.01000501-E0001">(<span class="super">1</span>)</a> OJ C 65, 3.3.2012).

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