Judgment of the Court (Fifth Chamber) of 9 January 2003 in Case C-76/00 P: Petrotub SA and Republica SA (Appeal — Protection against dumping — Determination of the dumping margin — Choice of the "asymmetrical" calculation method — Article 2.4.2 of the Agreement on Implementation of Article VI of the GATT — Statement of reasons — Determination of normal value — Taking into account of sales made using compensation — Statement of reasons)
Date: 2003-02-22
Institutions: Court of Justice
Subjects: Central and Eastern Europe, General Court (EU), action for annulment (EU), anti-dumping duty, import, tube

22.2.2003

EN

Official Journal of the European Union

C 44/3

JUDGMENT OF THE COURT

(Sixth Chamber)

in the Member State of production, and by requiring that those
products may only be marketed under the name ‘chocolate
substitute’, the Italian Republic has failed to fulfil its obligations
under Article 30 of
the Treaty (now, after amendment,
Article 28 EC);

of 16 January 2003

2. Orders the Italian Republic to pay the costs.

in Case C-14/00: Commission of the European Communi-
ties v Italian Republic (1)

(1) OJ C 79 of 18.3.2000.

(Failure by a Member State to fulfil obligations — Free
movement of goods — Directive 73/241/EEC — Cocoa and
chocolate products containing fats other than cocoa butter
— Products lawfully manufactured and marketed in the
Member State of production under the sales name ‘chocolate’
— Prohibition on marketing under that name in the Member
State of marketing— Requirement to use the name ‘chocolate
substitute’)

(2003/C 44/04)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-14/00, Commission of the European Communities
(Agents: G. Valero Jordana and G. Bisogni) v Italian Republic
(Agent: U. Leanza, assisted by O. Fiumara): Application for a
declaration that, by prohibiting chocolate products containing
vegetable fats other than cocoa butter, and which are lawfully
manufactured in Member States which authorise the addition
of such fats, from being marketed in Italy under the name used
in the Member State of origin, and by requiring that those
products may only be marketed under the name ‘chocolate
substitute’, the Italian Republic has failed to fulfil its obligations
under Article 30 of the EC Treaty (now, after amendment,
Article 28 EC), the Court (Sixth Chamber), composed of:
J.-P. Puissochet, President of
the Chamber, R. Schintgen,
V. Skouris (Rapporteur), N. Colneric and J.N. Cunha Rodrigues,
Judges; S. Alber, Advocate General; D. Louterman-Hubeau,
Head of Division, for the Registrar, has given a judgment on
16 January 2003, in which it:

1. Declares that, by prohibiting cocoa and chocolate products
which comply with the requirements as to minimum content
laid down in point 1.16 of Annex I to Council Directive 73/
241/EEC of 24 July 1973 on the approximation of the laws
of the Member States relating to cocoa and chocolate products
intended for human consumption to which vegetable fats other
than cocoa butter have been added, and which are lawfully
manufactured in Member States which authorise the addition
of such fats, from being marketed in Italy under the name used

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 January 2003

in Case C-76/00 P: Petrotub SA and Republica SA (1)

(Appeal — Protection against dumping — Determination
of the dumping margin — Choice of the ‘asymmetrical’
calculation method — Article 2.4.2 of the Agreement on
Implementation of Article VI of the GATT — Statement of
reasons — Determination of normal value — Taking into
account of sales made using compensation — Statement of
reasons)

(2003/C 44/05)

(Language of the case: English)

In Case C-76/00 P, Petrotub SA, established in Roman
(Romania), and Republica SA established in Bucharest (Roman-
ia) (avocats: A. Merckx and P. Bentley): Two appeals against
the judgment of the Court of First Instance of the European
Communities (Second Chamber, Extended Composition) of
15 December 1999 in Joined Cases T-33/98 and T-34/98
Petrotub and Republica v Council [1999] ECR II-3837, seeking
to have that judgment set aside, the other parties to the
proceedings being: Council of the European Union (Agent: S.
Marquardt, assisted by G. Berrisch), defendant at first instance,
and Commission of
the European Communities (Agents:
V. Kreuschitz and S. Meany) intervener at first instance, the
Court (Fifth Chamber), composed of: M. Wathelet, President of
the Chamber, C.W.A. Timmermans, D.A.O. Edward, A. La
Pergola (Rapporteur) and P. Jann, Judges; F.G. Jacobs, Advocate
General; H. von Holstein, Deputy Registrar, has given a
judgment on 9 January 2003, in which it has ruled:

C 44/4

EN

Official Journal of the European Union

22.2.2003

1.

Sets aside the judgment of the Court of First Instance of the
European Communities of 15 December 1999 in Joined Cases
T-33/98 and T-34/98 Petrotub and Republica v Council;

2. Annuls Council Regulation (EC) No 2320/97 of 17 November
1997 imposing definitive anti-dumping duties on imports of
certain seamless pipes and tubes of iron or non-alloy steel
originating in Hungary, Poland, Russia, the Czech Republic,
Romania and the Slovak Republic, repealing Regulation (EEC)
No 1189/93 and terminating the proceeding in respect of such
imports originating in the Republic of Croatia in so far as it
concerns Petrotub SA and Republica SA;

3. Orders the Council of the European Union to pay the costs
incurred by Petrotub SA and Republica SA both in the present
proceedings and in the proceedings at first instance which
in Petrotub and Republica v
culminated in the judgment
Council, cited above;

4. Orders the Commission of the European Communities to bear
its own costs both in the present proceedings and in the
proceedings at first instance which culminated in the judgment
in Petrotub and Republica v Council.

( 1) OJ C 135 of 15.5.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 January 2003

in Case C-157/00: Hellenic Republic v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 1996 to 1998 —
Export refunds — Fruit and vegetables)

(2003/C 44/06)

(Language of the case: Greek)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-157/00, Hellenic Republic (Agents: V. Kontolaimos
and I. K. Chalkias, also by C. Tsiavou) v Commission of
the European Communities (Agent: M. Condou-Durande):
Application
Commission
Decision 2000/216/EC of 1 March 2000 excluding from
Community financing certain expenditure incurred by the
Member States under the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2000

annulment

partial

for

of

L 67, p. 37), in so far as it concerns the Hellenic Republic, the
Court (Sixth Chamber), composed of: J.-P. Puissochet, President
of the Chamber, R. Schintgen (Rapporteur), C. Gulmann,
F. Macken and N. Colneric, Judges; S. Alber, Advocate General;
L. Hewlett, Principal Administrator, for the Registrar, has given
a judgment on 24 June 2000, in which it:

1. Dismisses the application;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 176 of 24.6.2000.

JUDGMENT OF THE COURT OF JUSTICE

(Fifth Chamber)

of 9 January 2003

in Case C-177/00: Italian Republic v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 1995 to 1998 financial
years — Export refunds — Olive oil — Sale of intervention
alcohol)

(2003/C 44/07)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-177/00: Italian Republic (Agent: U. Leanza, assisted
by D. Del Gaizo) against Commission of
the European
Communities (Agents: E. de March and L. Visaggio, assisted by
A. Dal Ferro) — application for partial annulment of the
Commission’s Decision 2000/216/EC of 1 March 2000 exclud-
ing from Community financing certain expenditure incurred
by the Member States under the Guarantee Section of the
European Agricultural Guidance and Guarantee Fund (EAGGF)
(OJ 2000 L 67, p. 37) in so far as it made financial adjustments
to certain expenses declared by Italy — the Court of Justice
(Fifth Chamber), composed of M. Wathelet, President of
the Chamber, and D.A.O. Edward, A La Pergola, P. Jann
(Rapporteur) and S. von Bahr, Judges; P. Léger, Advocate
General; R. Grass, Registrar, gave a judgment on 9 January
2003, in which it: