Temporal scope of subsidy restraint clarified: pre-7 May 2002 transport claims by wood-based industries could be paid.

The Supreme Court clarified the temporal scope of its earlier restraint order and held that subsidy claims by wood-based industries for transport undertaken before 7 May 2002 were not covered by that restraint. The clarification removed doubt on the payment position for pre-order claims and confirmed that such claims could be paid. The ruling turned on the date of the transport activity relative to the court's order, rather than on any broader limitation on subsidy entitlement.

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Issues: Whether claims for subsidy received by wood-based industries in respect of transport carried out prior to the Court's order dated 7 May 2002 could be paid.

Analysis: The Court clarified the temporal reach of its earlier order and stated that subsidy claims relating to transport undertaken before 7 May 2002 were outside the restraint created by that order. The clarification operated only to remove doubt regarding payment of such pre-order claims.

Conclusion: Such subsidy claims could be paid.

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