From Legislation to Judgment: Case Study of T-199/04 in EU Trade Law

This paper examines the application of Anti-Dumping duty on imports of cotton type bed linen originating from Pakistan with particular reference to a Pakistani exporter Gul Ahmad (Pvt) Ltd. This research has delved into the legal discourse and jurisprudence evolving about the scope and limitations of Article 3(7) of the basic regulation and Article 3.5 of the GATT Article VI agreement. This research has taken on board the legal opinions of other researchers and judges about the causation and importance of creating a causal link while determining the injury caused to the importers. In this particular case it has been found that the EU Commission erroneously attributed the injury caused to its local industry to the alleged dumped imports while, conversely, it was being caused due the grant of generalised preferential system to Pakistan. Trough which Pakistani exporters benefitted and the influx of Pakistani imports increased in time. The same fact was established by the general court in its judgement which was later turned down by the EU Court of Justice.