Judgment of the Court of First Instance of 4 July 2002 in Case T-340/99: Arne Mathisen AS v Council of the European Union (Definitive anti-dumping and countervailing duties — Farmed Atlantic salmon — Action for annulment — Undertaking — Circumvention — Obligation to cooperate — Breach — Principle of proportionality — Claim for compensation)
Date: 2002-08-24
Institutions: Court of First Instance
Subjects: Council of the European Union, Norway, action for annulment (EU), anti-dumping duty, merchant, sea fish

C 202/20

EN

Official Journal of the European Communities

24.8.2002

(b) Cases concerning intellectual property rights, as
referred to in Article 130(1) of the Rules of Pro-
cedure, shall be assigned, according to the order in
which they are registered at the Court Registry, to
the Second, and Fourth Chambers;

(c) The other cases referred to in paragraph 1(b) shall
be assigned to the First, Second, Third, Fourth and
Fifth Chambers. Such assignment is to be effected
on the basis of three separate rotas, according to the
order in which they are registered at the Court
Registry:

— For the cases referred to in Article 236 of the
EC Treaty and Article 152 of the EAEC Treaty;

— For the cases concerning the implementation
the rules on competition applicable to

of
undertakings;

— For the other cases covered by paragraph 1(b).

For the purposes of the rota mentioned in the first
indent above, the assignment of intellectual property
cases to the Second and Fourth Chambers on the
basis of the rota mentioned in paragraph 2(b) shall
be offset by the assignment of cases to the First,
Third and Fifth Chambers on a pro rata basis.

For the purposes of the rotas referred to in para-
graphs 2(a) and 2(c), the First Chamber and the First
Chamber, Extended Composition, presided by the
President of the Court of First Instance, shall not be
included in those lists every third time the end of a
rota is reached.

The President of the Court of First Instance may
derogate from that order on the ground that cases
are related or with a view to ensuring an even spread
of the workload.

Plenary session

At its meeting on 4 July 2002, the Court of First Instance
decided pursuant to the second sub-paragraph of Article 32(1)
of the Rules of Procedure of the Court of First Instance that
where, following the designation of an Advocate General
pursuant to Article 17 of the Rules of Procedure, there is an
even number of Judges in the Court of First Instance sitting in
plenary session, the rota established in advance in accordance
with which the President of the Court is to designate the Judge
who will not take part in the judgment of the case shall be in
reverse order to that in which the Judges rank according to
their seniority in office under Article 6 of the Rules of
Procedure unless the Judge who would thus be designated is
the Judge-Rapporteur. In that event,
it shall be the judge
ranking immediately above him who shall be designated.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 4 July 2002

in Case T-340/99: Arne Mathisen AS v Council of the
European Union (1)

(Definitive anti-dumping and countervailing duties — Far-
med Atlantic salmon — Action for annulment — Undertak-
ing — Circumvention — Obligation to cooperate — Breach
— Principle of proportionality — Claim for compensation)

(2002/C 202/28)

(Language of the case: English)

In Case T-340/99, Arne Mathisen AS, established in Værøy
(Norway), represented by S. Knudtzon, lawyer, with an address
for service in Luxembourg, v Council of the European Union
(Agents: S. Marquardt and G. Berrisch), supported by Com-
mission of the European Communities (Agents: V. Kreuschitz
and S. Meany): Application for annulment of Council Regu-
lation (EC) No 1895/1999 of 27 August 1999 amending
Regulation (EC) No 772/1999 imposing definitive anti-dump-
ing and countervailing duties on imports of farmed Atlantic
salmon originating in Norway (OJ 1999 L 233, p. 1) and
compensation for damage suffered as a result of the adoption
of the regulation, the Court of First Instance (Fourth Chamber,
Extended Composition), composed of: M. Vilaras, President,
V. Tiili, J. Pirrung, P. Mengozzi and A.W.H. Meij, Judges;
J. Plingers, Administrator,
for the Registrar, has given a
judgment on 4 July 2002, in which it:

1. Dismisses the application;

2. Orders the applicant to bear its own costs and to pay the costs

of the Council;

3. Orders the Commission to bear its own costs.

(1) OJ C 79 of 18.3.2000.