Case T-132/01: Action brought on 16 June 2001 by Euroalliages, Péchiney Electrométallurgie, Vargon Alloys A.B. and Ferroatlantica against the Commission of the European Communities
Date: 2001-08-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), anti-dumping legislation, ferro-alloy, import, third country

C 227/32

EN

Official Journal of the European Communities

11.8.2001

of the applicant, who lives with his partner and was therefore
unable to provide a lease or title deeds or telephone, gas or
electricity bills in his own name. The applicant further claims
infringement of the principle of proper administration, good
management and the duty to have regard to the welfare of
officials.

Action brought on 16 June 2001 by Euroalliages, Péchiney
Electrométallurgie, Vargon Alloys A.B. and Ferroatlantica
against the Commission of the European Communities

(Case T-132/01)

(2001/C 227/61)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 16 June 2001 by Euroalliages,
whose registered office is in Brussels, Péchiney Electrométallur-
gie, whose registered office is in Courbevoie (France) Vargon
Alloys A.B., whose registered office is in Vargön (Sweden) and
Ferroatlantica, whose registered office is in Madrid, represented
by D Voillemot and Olivier Prost, Lawyers.

The applicants claim that the Court should:

— annul the sole article of Commission Decision of 21 Feb-
ruary 2001 terminating the anti-dumping procedure
concerning imports of ferro-silicon originating in Brazil,
the People’s Republic of China, Kazakhstan, Russia,
Ukraine and Venezuela, with regard to those imports
originating in the People’s Republic of China, Russia,
Ukraine and Kazakhstan;

— order the European Commission to pay the costs.

Pleas in law and main arguments

Since the applicant companies in the present case are part of
the Community ferro-silicon industry,
they object to the
Commission’s decision to terminate the anti-dumping pro-
cedure with regard to the importation of ferro-silicon originat-
ing in the People’s Republic of China, Kazakhstan, Russia and
Ukraine. That Decision is based on the consideration that the
maintenance of measures previously adopted against those
four countries would ‘clearly’ be contrary to the interests of
the Community. To arrive at this conclusion, the defendant
claims to have taken into account the period in which those
measures had been in place, assumed to have begun in 1987,

the fact that the Community market had failed to strengthen
or even maintain, its position on the market, and the fact that
Community steel producers had to bear negative effects, in the
form of additional costs brought by the measures in particular,
which cumulated while those measures were in force.

In this respect the applicant companies claim that a manifest
error of assessment has occurred. They dwell particularly on
the fact that the Commission could not call into question the
position adopted by the Council in 1993/1994 on Community
interest.

In support of their claims, they also submit that the following
provisions of the basic regulation on anti-dumping have been
infringed:

— Article 11(2) and Article 2 in so far as those provisions
prohibit the taking into account of a period prior to the
measures in force which are under review;

— Article 21(2) and (5) in that the Commission took into
account information submitted by users beyond the time
the review
limit set by the notice of
proceedings;

initiation of

— Article 21(5), in considering that the information submit-
ted by the users was representative. In that respect it can
the users who submitted information
be noted that
represented 10 % of Community consumption;

— Article 21(7) in so far as the Commission took into
information submitted by users which was

account
unsubstantiated by actual evidence;

— Article 6(6) as well as infringement of the right to a fair
hearing by refusing to organise a meeting with the users
to allow for exchange of views.

Removal from the register of Joined Cases T-137/99 and
T-18/00 (1)

(2001/C 227/62)

(Language of the case: French)

By order of 3 April 2001, the President of the Court of First
Instance of
the European Communities has ordered the
removal of the name of Athanasia Chrissanthaki from the list
of applicants in Joined Cases T-137/99 and T-18/00 Natalia
Martinez Pa´ramo and Others v Commission of the European
Communities.

(1) OJ C 246 of 28.8.99 and C 79 of 18.3.00.