Al-Jubail Fertilizer Company (Samad) and Saudi Arabian Fertilizer Company (Safco) v Council of the European Communities (C-49/88)

Judgment of 27 Jun 1991

law://eu/cjeu/1988/c-49-88/para_17@2026-11-15

17Consequently, in performing their duty to provide information, the Community institutions must act with all due diligence by seeking, as the Court stated in its judgment of 20 March 1985 in Case 264/82 Timex v Council and Commission [1985] ECR 849, to provide the undertakings concerned, as far as is compatible with the obligation not to disclose business secrets, with information relevant to the defence of their interests, choosing, if necessary on their own initiative, the appropriate means of providing such information. In any event, the undertakings concerned should have been placed in a position during the administrative procedure in which they could effectively make known their views on the correctness and relevance of the facts and circumstances alleged and on the evidence presented by the Commission in support of its allegation concerning the existence of dumping and the resultant injury.

Al-Jubail Fertilizer Company (Samad) and Saudi Arabian Fertilizer Company (Safco) v Council of the European Communities (C-49/88)

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