Mexico definitive countervailing measures on olive oil from the european communities

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Arguments of the Parties

      1. The European Communities asserts that Mexico has acted inconsistently with its obligations in Article 11.11 of the SCM Agreement, because the investigation lasted more than 24 months. In particular, the European Communities argues that the investigation was initiated on 2 July 2003147 and was concluded on 1 August 2005. It is the position of the European Communities that Article 11.11 contains an absolute limit (18 months) on the length of an investigation, and that Mexico exceeded this limit.148

      2. Mexico does not deny that its investigation lasted more than 18 months. It argues that the purpose of Article 11.11 is "to protect the interested parties from any unjustified delay or inaction" and that delays were caused by requests for extensions from the interested parties and requests that Economía consider additional information at late stages in the investigation. Consequently, any delay in the investigation did not subvert the purpose of Article 11.11.149

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