16As regards the arguments alleging distortion of the facts at paragraph 48 of the judgment under appeal, the Council states that, during the administrative investigation and the proceedings before the General Court, the appellant never contested the Commission’s finding that the appellant had (i) failed to report to the Commission the sales of the product concerned that were not covered by the undertaking and (ii) included in Undertaking Invoices sales of the product concerned not covered by the undertaking, and that, as a consequence, it had failed to comply with its undertaking. Accordingly, the General Court’s statement at paragraph 48 of the judgment under appeal is correct. With regard to the claim that the second sentence of paragraph 51 of that judgment might suggest that the appellant recognised that the breaches of the undertakings were material, the Council considers that that paragraph relates only to Case T-340/99 Arne Mathisen v Council [2002] ECR II-2905, and the two conditions that need to be satisfied in order for the Commission to be lawfully entitled to withdraw acceptance of an undertaking and impose a definitive anti‑dumping duty.
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