Judgment of the Court of First Instance of 21 November 2002 in Case T-88/98: Kundan Industries Ltd and Tata International Ltd v Council of the European Union (Dumping — Stainless steel fasteners — Calculation of export price — Unreliability of the price — Calculation of normal value — Rights of the defence)
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: Council of the European Union, India, action for annulment (EU), anti-dumping duty, manufactured goods, public limited company

25.1.2003

EN

Official Journal of the European Communities

C 19/27

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 November 2002

of 7 November 2002

in Case T-88/98: Kundan Industries Ltd and Tata Inter-
national Ltd v Council of the European Union (1)

(Dumping — Stainless steel fasteners — Calculation of
export price — Unreliability of the price — Calculation of
normal value — Rights of the defence)

(2003/C 19/49)

(Language of the case: English)

(India),

In Case T-88/98, Kundan Industries Limited, Tata International
Limited, established in Mumbai
represented by
J.-F. Bellis and P. De Baere, lawyers, with an address for service
in Luxembourg, v Council of the European Union (Agents:
S. Marquardt, H.-J. Rabe and G. Berrisch), supported by
Commission of the European Communities (Agents: V. Kreus-
chitz and N. Khan): Application for the annulment of Article 1
of Council Regulation (EC) No 393/98 of 16 February 1998
imposing a definitive anti-dumping duty on imports of
stainless steel fasteners and parts thereof originating in the
People’s Republic of China,
India, the Republic of Korea,
Malaysia, Taiwan and Thailand (OJ 1998 L 50, p. 1) the Court
of First Instance (Fourth Chamber, Extended Composition),
composed of: M. Vilaras, President, V. Tiili, J. Pirrung, P. Men-
gozzi and A. W. H. Meij, Judges; H. Jung, Registrar, has given
a judgment on 21 November 2002, in which it:

fasteners and parts

1. Annuls Article 1 of Council Regulation (EC) No 393/98 of
16 February 1998 imposing a definitive anti-dumping duty
thereof
on imports of
stainless steel
originating in the People’s Republic of China,
the
Republic of Korea, Malaysia, Taiwan and Thailand insofar as
it imposes an anti-dumping duty on exports to the European
Community of products manufactured by Kundan Industries
Limited and exported by Tata International Limited which
exceeds that which would apply but for an adjustment to the
export price made in respect of a commission.

India,

2. Dismisses the remainder of the application.

3. Orders the Council to bear its own costs and to pay 30% of the
costs of the applicants and orders the Commission to bear its
own costs.

( 1) OJ C 234, 25.7.1998.

in Joined Cases T-141/99, T-142/99, T-150/99 and T-151/
99, Vela Srl and Tecnagrind SL v Commission of the
European Communities (1)

(Agriculture — EAGGF — Withdrawal of financial assist-
ance — Articles 23 and 24 of Regulation (EEC) No 4253/88
— Principles of legal certainty and protection of legitimate
expectations — Principle of proportionality)

(2003/C 19/50)

(Language of the case: Italian)

in Case T-141/99,

In Joined Cases T-141/99, T-142/99, T-150/99 and T-151/99:
Vela Srl, established in Milan (Italy), Tecnagrind SL, established
in Barcelona (Spain), represented by G. M. Scarpellini, lawyer,
with an address for service in Luxembourg, Commission
of the European Communities (Agents: C. Cattabriga and
M. Moretto) — Application,
for the
annulment of Commission Decision C (1999) 540 of 9 March
1999 withdrawing the assistance granted to Vela Srl by
Commission Decision C (92) 1494 of 30 June 1992, concern-
ing grant of the EAGGF, Guidance Section, contribution under
Council Regulation (EEC) No 4256/88 of 19 December 1988,
laying down provisions for implementing Regulation (EEC)
No 2052/88 as regards the EAGGF Guidance Section (OJ 1988
L 374, p. 25), in connection with Project No 92.IT.06.001
entitled Action in the form of a demonstrative project for the
introduction and promotion of cylindrical luffa in disadvan-
taged European areas; in Case T-142/99, for the annulment of
Commission Decision C (1999) 541 of 4 March 1999
withdrawing the assistance granted to Sonda Srl by Com-
mission Decision C (93) 3401 of 26 November 1993,
concerning grant of the EAGGF, Guidance Section, contri-
in
bution under Council Regulation (EEC) No 4256/88,
connection with Project No 93.IT.06.057 entitled Action in
the form of a pilot demonstrative project for the reduction of
production costs and fertiliser costs in sunflower cultivation;
in Case T-150/99, for the annulment of Commission Decision
C (1999) 532 of 4 March 1999 withdrawing the assistance
granted to Tecnagrind SL by Commission Decision C (93)
3395 of 26 November 1993, concerning grant of the EAGGF,
Guidance Section, contribution under Council Regulation
Project
(EEC) No
No 93.ES.06.031 entitled Demonstrative project for the mul-
tiple optimisation of Vetiver (Vetiveria Zizanioides) in the

connection with

4256/88,

in