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 Communities (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)
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: India, action for annulment (EU), generalised preferences, originating product, plastics

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

23.11.2002

EN

Official Journal of the European Communities

C 289/23

the European Communities (Agents: C. Bury and R. Vidal):
Application for annulment of the Commission’s decision of
28 February 2000 concerning the applicants’ request for the
opening of an investigation with a view to withdrawal of the
benefit of the general tariff preference system in respect of
polyethylene terephthalate film originating in India, the Court
of First Instance (Fifth Chamber), composed of: J.D. Cooke,
President, R. García-Valdecasas and P. Lindh, Judges; H. Jung,
Registrar, has given a judgment on 12 September 2002, in
which it:

1. Annuls the Commission’s decision of 28 February 2000;

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

of the applicants.

( 1) OJ C 176 of 24.6.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 September 2002

in Case T-29/01: Carlos Puente Martín v Commission of
the European Communities (1)

(Officials — Reinstatement — Installation allowance —
Further payment of invalidity pension — Resettlement
allowance — Conditions)

(2002/C 289/45)

(Language of the case: Spanish)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 September 2002

in Case T-127/00: Michael Nevin v Commission of the
European Communities (1)

(Officials — Expatriation allowance — Article 4(1)(a) of
Annex VII to the Staff Regulations — Work done for an
international organisation)

(2002/C 289/44)

(Language of the case: French)

In Case T-127/00: Michael Nevin, an official of the Com-
mission of the European Communities, residing in Tervuren
(Belgium), represented by N. Lhoëst, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall, D. Waelbroeck and A. Vro-
ninks) — application for annulment of the Commission’s
decision of 9 April 1999 refusing to grant the applicant the
expatriation allowance provided for by Article 4 of Annex VII
to the Staff Regulations of Officials of the European Communi-
ties and, secondly a claim for payment of that allowance
together with default interest - the Court of First Instance
(Fourth Chamber), composed of M. Vilaras, President, V. Tiili
and P. Mengozzi, Judges; J. Plingers, Administrator, for the
Registrar, gave a judgment on 11 September 2002, in which
it:

1.

2.

dismisses the application.

orders the parties to bear their own costs.

( 1) OJ C 176 of 24.6.2000.

In Case T-29/01: Carlos Puente Martín, an official of the
Commission of the European Communities, residing in Madrid,
represented by O. González Correas,
lawyer, against Com-
mission of the European Communities (Agents: J. Currall,
J. Rivas-Andrés and J. Gutiérrez Gisbert) — application for
annulment of the Commission’s decision of 22 February 2000
refusing to grant to the applicant the full installation allowance
and resettlement allowance following his installation in Brus-
sels and resettlement in Madrid -the Court of First Instance
(Fourth Chamber), composed of M. Vilaras, President, V. Tiili
J. Palacio González,
Judges; Registrar:
and P. Mengozzi,
Administrator, gave a judgment on 18 September 2002, in
which it:

1. Held that there was no need to adjudicate on the claim that the
Court of First Instance should accept Spanish as the language
of the case;

that it refused to grant

2. Annulled the Commission’s decision of 22 February 2000 to
the extent
the applicant the full
installation allowance provided for in Article 5(1) of Annex VII
to the Staff Regulations and the full resettlement allowance
to the Staff
in Article 6(1) of Annex VII
provided for
Regulations;

3. Ordered the Commission to pay the applicant the allowances,
plus default interest from the respective dates on which it became
due on those allowances in accordance with Annex VII to the
Staff Regulations to the date of payment, after deduction of the
sums already paid to the applicant as installation allowance;
the annual rate of that default interest is to be calculated on the
basis of the rate fixed by the Governing Council of the European
Central Bank for principal refinancing operations and applicable
during the period in question, plus two points;

4. Dismissed the remainder of the application;

5. Ordered the Commission to pay the costs.

(1) OJ C 118 of 21 April 2001.