Judgment of the Court of First Instance of 19 September 2001 in Case T-58/99: Mukand Ltd and Others v Council of the European Union (Anti-subsidy proceedings — Regulation (EC) No 2450/98 — Stainless steel bright bars — Injury — Causal link)
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), anti-dumping duty, bar, producer organisation, steel

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;