Case T-35/01: Action brought on 16 February 2001 by Shanghai Teraoka Electronic Co. Ltd. against the Council of the European Union
Date: 2001-04-21
Institutions: Court of First Instance
Subjects: China, Council of the European Union, action for annulment (EU), anti-dumping duty, electronics industry, measuring equipment

21.4.2001

EN

Official Journal of the European Communities

C 118/41

— that, in any event, a period of three and a half years
elapsed between 1 December 1995, the date on which he
was first found to be suffering from invalidity, and his
reinstatement in service on 16 June 1999, a fairly long
period of time during which the applicant’s home in
Belgium had to be kept up and maintained in order to be
ready for use on his return to Belgium. Further, the
applicant incurred substantial costs prior to moving to
Belgium.

— Articles 3(2), 3(3), 3(5) and 3(8) of the basic dumping
regulation in determining that the Community industry
has suffered material injury,

— Article 3(6) of the basic dumping regulation in determin-
ing that imports from the targeted countries caused
material injury to the Community industry, and

— Articles 20(4), 20(5) and 6(9) of the basic dumping
regulation, Article 253 EC as well as the applicant’s right
to a fair hearing.

(1) OJ L 56 of 6.3.1996, p. 1.

Action brought on 16 February 2001 by Shanghai Teraoka
Electronic Co. Ltd. against the Council of the European
Union

(Case T-35/01)

(2001/C 118/111)

(Language of the case: English)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 16 February 2001 by Shanghai Teraoka
Electronic Co. Ltd., a company incorporated under Chinese
Law, represented by Paul Waer, of the Brussels Bar.

The applicant claims that the Court should:

— annul Article 1 of Council Regulation (EC) No 2605/2000
of 27 November 2000 in so far as it imposes an anti-
dumping duty on Shanghai Teraoka Electronic Co. Ltd.,
and;

— order the Council to pay the costs of the application.

Action brought on 19 February 2001 by Glaverbel against
the Office for Harmonization in the Internal Market

(Case T-36/01)

(2001/C 118/112)

(Language of the case: English)

An action against the Office for Harmonization in the Internal
Market was brought before the Court of First Instance of the
European Communities on 19 February 2001 by Glaverbel,
established under the laws of Belgium, represented by Susanne
Möbus of Müller-Boré & Parnter, Munich (Germany).

The applicant claims that the Court should:

— annul or alter the decision of the First Board of Appeal of
the Office for Harmonization in the Internal Market of
30 November 2000 (case R 0137/2000-1);

Pleas in law and main arguments

— order the Office to pay the costs.

The applicant in the present case is a company incorporated
under Chinese Law, whose object is to manufacture high
technology products. It claims that, by imposing anti-dumping
duties on imports of certain retail electronic weighing scales
manufactured and exported by the applicant, the defendant
has infringed various provisions of the Council Regulation
No 384/96 on protection against dumped imports from
countries not members of the European Communities (1) (the
basic dumping regulation). It is submitted that the Council has
infringed:

Pleas in law and main arguments

Trade mark concerned:

A design applied to a surface
of the goods in accordance with
Article 63(1), of the regulation on
the Community trade mark (Case
R 0137/2000-1).

Product or service:

Classes 11, 19 and 21.

— Article 2(7)c of the basic dumping regulation in denying
that the applicant could be granted market economy
status,

Challenged
before
Appeal:

decision
the Board of

Refusal of
Examiner.

registration by the