Asunto T-45/06: Recurso interpuesto el 13 de febrero de 2006 — Reliance Industries/Consejo y Comisión

• Jurisdiction: European Union
• Published date: 12 April 2006
• Celex Number: C2006/086/76

8.4.2006 EN Official Journal of the European Union C 86/38

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Action brought on 13 February 2006 — Reliance Industries v Council and Commission

(Case T-45/06)

(2006/C 86/76)

Language of the case: English

Parties

Applicant: Reliance Industries Ltd (Bombay, India) [represented by: I. MacVay, S. Ahmed, Solicitors]

Defendants: Council of the European Union and Commission of the European Communities

Form of order sought

— Annul the Commission's decisions, dated 1 December 2005, giving notice of an expiry review of the countervailing measures applicable to imports of certain bottle grade polyethylene terephthalate (‘PET’) originating in, inter alia, India, and of initiation of an expiry review of the anti-dumping measures applicable to imports of certain PET originating in India, Indonesia, the Republic of Korea, Malaysia, Taiwan and Thailand and a partial interim review of the anti-dumping measures applicable to imports of certain PET originating in the Republic of Korea and Taiwan (1);

— if the Court considers it to be necessary or appropriate, annul Council Regulation (EC) No. 2603/2000, Council Regulation (EC) No. 2604/2000 and Commission Decision No. 2000/745/EC, in so far as they may purport to extend to the applicant in the period after 1 December 2005; and

— if, but only if, and only to the extent that the Court may find, contrary to the applicant's case, that they differ in their true construction from the terms of Article 11.3 of the World Trade Organisation (‘WTO’) Dumping Agreement and/or Article 21.3 of the WTO Anti-Subsidies Agreement, annul Article 11(3) of Council Regulation (EC) No. 384/96 (‘the basic anti-dumping regulation’) and Article 18(1) of Council Regulation (EC) No. 2026/97 (‘the basic anti-subsidy regulation’);

— order that the defendants meet the applicant's costs of these proceedings.

Pleas in law and main arguments

By the two contested decisions the Commission decided to initiate an expiry review with regard to Council Regulation No. 2603/2000 of 27 November 2000 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain PET originating in India, Malaysia and Thailand and terminating the anti-subsidy proceeding concerning imports of certain PET originating in Indonesia, the Republic of...