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Case T-143/06: Judgment of the Court of First Instance of 17 November 2009 — MTZ Polyfilms v Council of the European Union (Dumping — Imports of polyethylene terephthalate film originating in India — Regulation terminating an interim review — Minimum import price undertakings — Determination of the export price — Application of a methodology different from that used in the initial investigation — Choice of legal basis — Article 2(8) and (9) and Article 11(3) and (9) of Regulation (EC) No 384/96)
ECLI:EU:UNKNOWN:62006TA0143
62006TA0143
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16.1.2010
Official Journal of the European Union
C 11/21
(Case T-143/06)(Dumping - Imports of polyethylene terephthalate film originating in India - Regulation terminating an interim review - Minimum import price undertakings - Determination of the export price - Application of a methodology different from that used in the initial investigation - Choice of legal basis - Article 2(8) and (9) and Article 11(3) and (9) of Regulation (EC) No 384/96)
2010/C 11/39
Language of the case: English
Parties
Applicant: MTZ Polyfilms Ltd (Mumbai, India) (represented by: P. De Baere, lawyer)
Defendant: Council of the European Union (represented by: J.-P. Hix, acting as Agent, and by G. Berrisch, lawyer)
Intervener in support of the defendant: Commission of the European Communities (represented by N. Khan and K. Talabér-Ricz, acting as Agents)
Re:
Annulment of Council Regulation (EC) No 366/2006 of 27 February 2006 amending Regulation (EC) No 1676/2001 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India
Operative part of the judgment
The Court:
1.Annuls Council Regulation (EC) No 366/2006 of 27 February 2006 amending Regulation (EC) No 1676/2001 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating, inter alia, in India, to the extent that it imposes an anti-dumping duty on MTZ Polyfilms Ltd;
2.Orders the Council of the European Union to bear its own costs and to pay those of MTZ Polyfilms and orders the Commission of the European Communities to bear its own costs.
(1) OJ C 178, 29.7.2006.