Judgment of the Court of First Instance of 10 October 2001 in Case T-171/99: Corus UK Ltd v Commission of the European Communities (Action for damages — Recovery of undue payments — Harm suffered by reason of a partially annulled decision)
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), inter-company agreement, iron and steel industry, market-sharing agreement, restriction on competition

5.1.2002

EN

Official Journal of the European Communities

C 3/23

3. Annuls Article 2 of Decision 1999/580, in so far as the
Federal Republic of Germany is required to recover from the
applicant the part of the investment grant make to the applicant
in 1995 in respect of investment in its cold wire rod drawing
plant and the aid element of the guarantees covering the
operating loans of DEM 7.2 million and DEM 4.8 million
granted at the end of 1994;

1. Annuls Council Regulation (EC) No 2450/98 of 13 November
1998 imposing a definitive countervailing duty on imports of
stainless steel bars originating in India and collecting definitively
the provisional duty imposed, in so far as it concerns imports
into the European Community of products manufactured by
Mukand Ltd, Isibars Ltd, Ferro Alloys Corporation Ltd and
Viraj Impoexpo Ltd;

4. Dismisses the remainder of the application;

5. Orders the applicant to pay two-thirds of its costs;

2.

3.

6. Orders the Commission to pay, in addition to its own costs, one

third of the costs incurred by the applicant;

The remainder of the application is dismissed as inadmissible;

The Council shall bear its own costs together with those incurred
by the applicants. The Commission shall bear its own costs.

7. Orders the interveners to bear their own costs.

(1) OJ C 160 of 5.6.1999.

(1) OJ C 86, 27.3.1999

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 October 2001

of 19 September 2001

in Case T-58/99: Mukand Ltd and Others v Council of the
European Union (1)

(Anti-subsidy proceedings — Regulation (EC) No 2450/98
— Stainless steel bright bars — Injury — Causal link)

in Case T-171/99: Corus UK Ltd v Commission of the
European Communities (1)

(Action for damages — Recovery of undue payments —
Harm suffered by reason of a partially annulled decision)

(2002/C 3/36)

(Language of the case: English)

(2002/C 3/37)

(Language of the case: English)

In Case T-58/99: Mukand Ltd, established in Mumbai (India),
Isibars Ltd, established in Mumbai, Ferro Alloys Corporation
Ltd, established in Nagpur (India), Viraj Impoexpo Ltd, estab-
lished in Mumbai, represented by K. Adamantopoulos, lawyer,
and J. Branton, Solicitor, with an address for service in
Luxembourg, against Council of the European Union (Agents:
S. Marquardt, H.-J. Rabe and G. Berrisch), supported by
Commission of the European Communities (Agents: V. Kreu-
schitz and N. Khan) — application for annulment of Council
Regulation (EC) No 2450/98 of 13 November 1998 imposing
a definitive countervailing duty on imports of stainless steel
bars originating in India and collecting definitively the pro-
visional duty imposed (OJ 1998 L 304, p. 1) — the Court
of First
Instance (First Chamber, Extended Composition),
composed of B. Vesterdorf, President, A. Potocki, J. Pirrung,
M. Vilaras and N.J. Forwood, Judges; D. Christensen, Adminis-
trator, for the Registrar, has given a judgment on 19 September
2001, in which it:

In Case T-171/99: Corus UK Ltd, formerly British Steel plc,
then British Steel Ltd, established in London, represented by
P.G.H. Collins and M. Levitt, Solicitors, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and W. Wils) — application
seeking compensation for the harm allegedly suffered by the
applicant through the Commission’s refusal to pay it interest
on the amount repaid pursuant to a judgment of the Court of
First Instance reducing the level of the fine imposed on it —
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
G. Herzig, Administrator,
for the Registrar, has given a
judgment on 10 October 2001, in which it:

1. Orders the Commission to pay to the applicant the sum of
EUR 3 016 608, together with simple interest on that sum at
the fixed rate of 5.75 % per annum, for the period from
24 April 1999 to the date of the present judgment;

C 3/24

EN

Official Journal of the European Communities

5.1.2002

2. Orders that the sums referred to in paragraph (1) above shall
bear simple interest at the same rate from the date of the present
judgment until full and final payment;

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 19 September 2001

3. Dismisses the remainder of the application;

4. Orders the Commission to pay the costs.

(1) OJ C 281 of 2.10.1999.

in Case T-337/99: Henkel KGaA v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Shape of a product for washing
machines or dishwashers — Three-dimensional mark —
Absolute ground for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94)

(2002/C 3/39)

(Language of the case: German)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 June 2001

in Case T-188/99: Euroalliages v Commission of the
European Communities (1)

(Dumping — Decision terminating an expiry review —
Action for annulment)

(2002/C 3/38)

In Case T-337/99: Henkel KGaA, established in Düsseldorf
(Germany), represented by H.F. Wissel and C. Osterrieth,
lawyers, with an address for service in Luxembourg, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: A. von Mühlendahl, D. Schen-
nen and S. Laitinen) — application brought against
the
decision of the Third Board of Appeal of the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) of 21 September 1999 (Case R 73/1999-3), which
was notified to the applicant on 28 September 1999 — the
Court of First
Instance (Second Chamber), composed of
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
D. Christensen, Administrator, for the Registrar, has given a
judgment on 19 September 2001, in which it:

(Language of the case: French)

1. Dismisses the action;

for

annulment

the European Communities (Agents:

In Case T-188/99: Euroalliages, whose head office is in Brussels
(Belgium), represented by D. Voillemot and O. Prost, lawyers,
with an address for service in Luxembourg, against Com-
mission of
initially
N. Khan and, subsequently, V. Kreuschitz and A.P. Bentley) —
of Commission Decision
application
1999/426/EC of 4 June 1999 terminating the anti-dumping
proceeding concerning imports of ferro-silicon originating in
Egypt and Poland (OJ 1999 L 166, p. 91) — the Court of First
Instance (Second Chamber, Extended Composition), composed
of A.W.H. Meij, President, K. Lenaerts, A. Potocki, M. Jaeger
and J. Pirrung, Judges; J. Palacio Gonza´lez, Administrator, for
the Registrar, has given a judgment on 20 June 2001, in which
it:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 314 of 30.10.1999.

2. Orders the parties to bear their own costs.

(1) OJ C 63 of 4.3.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 September 2001

in Case T-344/99: Lucı´a Recalde Langarica v Commission
of the European Communities (1)

(Officials — Expatriation allowance — Article 4(1)(a) of
the Staff Regulations — Article 26 of the Staff Regulations
— Rights of defence)

(2002/C 3/40)

(Language of the case: Spanish)

In Case T-344/99: Lucı´a Recalde Langarica, an official of the
residing in
Commission of

the European Communities,