Judgment of the Court of 15 February 2001 in Case C-239/99 (reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany)): Nachi Europe GmbH v Hauptzollamt Krefeld (Common commercial policy — Anti-dumping measures — Article 1(2) of Regulation (EEC) No 2849/92 — Modification of the definitive anti-dumping duty on imports of ball bearings with a greatest external diameter exceeding 30 mm originating in Japan — Reference for a preliminary ruling on whether that regulation is valid — Failure by the plaintiff in the main proceedings to bring an action seeking annulment of the regulation)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: Japan, anti-dumping duty, bearing, dumping, interpretation of the law

C 173/8

EN

Official Journal of the European Communities

16.6.2001

JUDGMENT OF THE COURT

of 15 February 2001

nature of the anti-dumping duty applicable under Article 1(2) of
Regulation No 2849/92 to ball bearings manufactured by Nachi
Fujikoshi Corporation and imported by Nachi Europe GmbH.

in Case C-239/99 (reference for a preliminary ruling from
the Finanzgericht Düsseldorf (Germany)): Nachi Europe
GmbH v Hauptzollamt Krefeld (1)

(1) OJ C 246 of 28.8.1999.

(Common commercial policy — Anti-dumping measures —
Article 1(2) of Regulation (EEC) No 2849/92 — Modifi-
cation of the definitive anti-dumping duty on imports of ball
bearings with a greatest external diameter exceeding 30 mm
originating in Japan — Reference for a preliminary ruling
on whether that regulation is valid — Failure by the
plaintiff in the main proceedings to bring an action seeking
annulment of the regulation)

(2001/C 173/12)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-239/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Finanzgericht
(Finance Court) Düsseldorf for a preliminary ruling in the
proceedings pending before that court between Nachi Europe
GmbH and Hauptzollamt Krefeld — on the validity of
Article 1(2) of Council Regulation (EEC) No 2849/92 of
28 September 1992 modifying the definitive anti-dumping
duty on imports of ball bearings with a greatest external
diameter exceeding 30 mm originating in Japan imposed by
Regulation (EEC) No 1739/85 (OJ 1992 L 286, p. 2) —
the Court, composed of: G.C. Rodriguez Iglesias, President,
C. Gulmann, A. La Pergola (Rapporteur), M. Wathelet and
V. Skouris
(Presidents of Chambers), D.A.O. Edward,
J.-P. Puissochet, P. Jann, L. Sevo´ n, R. Schintgen and F. Macken,
Judges; F.G. Jacobs, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
15 February 2001, in which it has ruled:

Neither the judgment of the Court of First Instance in Joined Cases
T-163/94 and T-165/94 NTN Corporation and Koyo Seiko v
Council nor that of the Court of Justice in Case C-245/95 P
Commission v NTN and Koyo Seiko affected the validity of
Article 1(2) of Council Regulation (EEC) No 2849/92 of 28 Sep-
tember 1992 modifying the definitive anti-dumping duty on imports
of ball bearings with a greatest external diameter exceeding 30 mm
originating in Japan imposed by Regulation (EEC) No 1739/85 in
so far as it fixes an anti-dumping duty applicable to ball bearings
manufactured by Nachi Fujikoshi Corporation.

An importer of those products, such as Nachi Europe GmbH, which
undoubtedly had a right of action before the Court of First Instance
to seek the annulment of the anti-dumping duty imposed on those
goods, but which did not exercise that right, cannot subsequently
plead the invalidity of that anti-dumping duty before a national
court. In such a case, the national court is bound by the definitive

JUDGMENT OF THE COURT

of 20 February 2001

in Case C-192/99 (reference for a preliminary ruling from
the High Court of Justice of England and Wales, Queen’s
Bench Division (Crown Office)): The Queen v Secretary
of State for the Home Department, ex parte: Manjit Kaur,
intervener: Justice (1)

(Citizenship of the Union — Nationality of a Member State
— Declarations by the United Kingdom concerning the
definition of the term ‘national’ — British Overseas Citizen)

(2001/C 173/13)

(Language of the case: English)

In Case C-192/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the High Court of
Justice of England and Wales, Queen’s Bench Division (Crown
Office) (United Kingdom of Great Britain and Northern Ireland)
for a preliminary ruling in the proceedings pending before that
court between The Queen and Secretary of State for the Home
Department, ex parte: Manjit Kaur, intervener: Justice — on
the interpretation of Articles 8 and 8a of the EC Treaty (now,
after amendment, Articles 17 EC and 18 EC), of the Declaration
by the Government of the United Kingdom of Great Britain
and Northern Ireland on the definition of the term ‘nationals’,
the Treaty concerning the
annexed to the Final Act of
Accession of the Kingdom of Denmark,
Ireland and the
United Kingdom of Great Britain and Northern Ireland to the
European Communities (OJ 1972 L 73, p. 196), of the new
Declaration by the Government of the United Kingdom of
Great Britain and Northern Ireland on the definition of the
term ‘nationals’ (OJ 1983 C 23, p. 1), and of Declaration No 2
on nationality of a Member State, annexed to the Final Act of
the Treaty on European Union (OJ 1992 C 191, p. 98) —
the Court, composed of: G.C. Rodrı´guez Iglesias, President,
C. Gulmann, A. La Pergola, M. Wathelet and V. Skouris
(Presidents of Chambers), D.A.O. Edward,
J.-P Puissochet,
P. Jann, L. Sevo´ n (Rapporteur), R. Schintgen and F. Macken,
Judges; P. Léger, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 20 February 2001,
in which it has ruled: