138Lastly, the applicants contend that the Commission, by presenting imports of sugar qualifying for EC/OCT cumulation of origin as causing ‘difficulties’, recognised that the safeguard measure falls within the first hypothesis identified by the Court of Justice in paragraph 47 of Case C-390/95 P Antillean Rice Mills and Others v Commission, cited in paragraph 49 above (see also Joined Cases T-32/98 and T-41/98 Netherlands Antilles v Commission [2000] ECR II-201). In those circumstances, the Commission should have demonstrated the existence of a causal link between the imports of OCT products and the disturbances on the Community sugar market, which, however, it failed to do.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.