Judgment_paragraph 43 · Commission of the European Communities v NTN Corporation and Koyo Seiko Co. Ltd. and Council of the European Union (C-245/95 P)

43It follows that the Court of First Instance was also correct in holding, at paragraphs 98 and 99 of the contested judgment, that the Council had committed an error of law in taking account of the recession in the industry when Article 4(1) of the basic regulation does not allow this. That provision states: ‘Injuries caused by other factors, such as ... contraction in demand, which ... also adversely affect the Community industry must not be attributed to the dumped or subsidised imports’.