Judgment of the Court of First Instance of 12 September 2002 in Case T-89/00: Europe Chemi-Con (Deutschland) GmbH v Council of the European Union (Anti-dumping — Termination of proceedings — Principle of equal treatment — Initial investigation in one procedure coinciding with a review in another procedure — Article 11(2) of Regulation (EC) No 384/96 — Regulation terminating anti-dumping procedures — Retroactivity)
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: Germany, action for annulment (EU), anti-dumping legislation, electronic component, import

C 289/22

EN

Official Journal of the European Communities

23.11.2002

Solicitor, and B. Van de Walle de Ghelcke, lawyer, with an
address for service in Luxembourg, v Council of the European
J. Carbery, M. Sims and J. Monteiro and
Union (Agents:
F. P. Ruggeri Laderchi), supported by Commission of the
European Communities (Agents: P. Oliver, T. Christoforou and
K. Fitch), by Republic of Finland (Agents: H. Rotkirch, T. Pynnä
and E. Bygglin), by Kingdom of Sweden (Agents: A. Kruse and
L. Nordling), and by United Kingdom of Great Britain and
Northern Ireland (Agent: R. Magrill): Application for annul-
ment of Council Regulation (EC) No 2821/98 of 17 December
1998 amending, as regards withdrawal of the authorisation of
certain antibiotics, Directive 70/524/EEC concerning additives
in feedingstuffs (OJ 1998 L 351, p. 4), the Court of First
Instance (Third Chamber), composed of: J. Azizi, President,
K. Lenaerts and M. Jaeger, Judges; F. Erlbacher, Legal Secretary,
for the Registrar, has given a judgment on 11 September
2002, in which it:

1. Dismisses the application;

2. Orders Alpharma to bear its own costs and to pay those
including those relating to the

incurred by the Council,
proceedings for interim relief;

3. Orders the Commission, the Kingdom of Sweden, the Republic
of Finland and the United Kingdom of Great Britain and
Northern Ireland to bear their own costs, both in the main
proceedings and in the proceedings for interim relief.

( 1) OJ C 174 of 19.6.1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 September 2002

in Case T-89/00: Europe Chemi-Con (Deutschland) GmbH
v Council of the European Union (1)

(Anti-dumping — Termination of proceedings — Principle
of equal treatment — Initial investigation in one procedure
coinciding with a review in another procedure —
Article 11(2) of Regulation (EC) No 384/96 — Regulation
terminating anti-dumping procedures — Retroactivity)

(2002/C 289/42)

(Language of the case: English)

In Case T-89/00, Europe Chemi-Con (Deutschland) GmbH,
established in Nuremberg (Germany), represented by K. Ada-

mantopoulos, J. J. Gutiérrez Gisbert and J. Branton, lawyers,
with an address for service in Luxembourg, v Council of the
European Union (Agents: S. Marquardt and G. M. Berrisch),
supported by Commission of the European Communities
(Agents: V. Kreuschitz and S. Meany): Application for annul-
ment of
the second paragraph of Article 3 of Council
Regulation (EC) No 173/2000 of 24 January 2000 terminating
the anti-dumping proceedings concerning imports of certain
large aluminium electrolytic capacitors originating in Japan,
the Republic of Korea and Taiwan (OJ 2000 L 22, p. 1), the
Court of First Instance (Fourth Chamber, Extended Compo-
sition), composed of: M. Vilaras, President, V. Tiili, J. Pirrung,
P. Mengozzi and A.W.H. Meij, Judges; J. Plingers, Adminis-
trator, for the Registrar, has given a judgment on 12 September
2002, in which it has ruled:

1. Dismisses the action;

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

defendant;

3. Orders the intervener to bear its own costs.

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 September 2002

in Case T-113/00: DuPont Teijin Films Luxembourg SA
and Others v Commission of the European Communi-
ties (1)

(Action for annulment — Generalised Tariff Preference
System (GSP) — Refusal of request to open investigation —
Challengeable act — Misinterpretation of Regulation (EC)
No 2820/98 — Failure to state reasons)

(2002/C 289/43)

(Language of the case: English)

In Case T-113/00, DuPont Teijin Films Luxembourg SA,
established in Luxembourg (Luxembourg), Mitsubishi Polyester
Film GmbH, established in Wiesbaden (Germany), Toray
Plastics Europe SA, established in Saint-Maurice-de-Beynost
(France), represented by I. Forrester QC and J. Killick, Barrister,
with an address for service in Luxembourg, v Commission of