Judgment of the Court of First Instance of 23 October 2003 in Case T-255/01: Changzhou Hailong Electronics & Light Fixtures Co. Ltd and Zhejiang Yankon Group Co. Ltd v Council of the European Union (Anti-dumping — Determination of normal value — Market-economy treatment — Analogue country — Article 2(7) of Regulation (EC) No 384/96)
Date: 2004-01-10
Institutions: Court of First Instance
Subjects: China, Council of the European Union, action for annulment (EU), anti-dumping duty, electronics industry, lighting equipment

10.1.2004

EN

Official Journal of the European Union

C 7/31

1.

2.

3.

4.

The contested decision of the Commission 2001/146/EC of
20 September 2000 relating to a proceeding under Article 81
of the EC Treaty (COMP/36.653 — Opel) is annulled in so
far as it establishes the existence of a restrictive supply measure
contrary to Article 81(1) EC.

2. Dismisses the rest of the action as unfounded.

3. Orders the applicant to bear its own costs, as well as those of

the Commission.

The amount of the fine imposed on the applicants by Article 3
of the contested decision is reduced to EUR 35 475 000.

(1) OJ C 150 of 19.5.2001.

The application is dismissed as to the remainder.

The applicants are ordered to bear four fifths of their own costs
and four fifths of the Commission’s costs; the Commission is
ordered to bear one fifth of its own costs and one fifth of the
applicants’ costs.

(1) OJ C 61 of 24.2.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 October 2003

in Case T-255/01: Changzhou Hailong Electronics & Light
Fixtures Co. Ltd and Zhejiang Yankon Group Co. Ltd v
Council of the European Union (1)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 October 2003

(Anti-dumping — Determination of normal value — Mar-
ket-economy treatment — Analogue country — Article 2(7)
of Regulation (EC) No 384/96)

in Case T-47/01: Co-Frutta Soc. coop. rl v Commission of
the European Communities (1)

(Action for annulment — Access to documents — Decision
94/90/ECSC, EC, Euratom — Refusal — Authorship rule
— Misuse of powers)

(2004/C 7/56)

(Language of the case: English)

(2004/C 7/55)

(Language of the case: Italian)

In Case T-47/01, Co-Frutta Soc. coop. rl, established in Padua
(Italy), represented by W. Viscardini, M. Paolin and S. Donà,
lawyers, v Commission of the European Communities (Agents:
P. Stancanelli, P. Aalto and P. Wölker): Application for
annulment of the Commission’s decision contained in the
letters of 31 July 2000 from the Directorate-General for
Agriculture and 5 December 2000 from the Secretary-General
of the Commission, by which access to the documents sought
by the applicant in connection with the arrangements for
importing bananas was partly refused, the Court of First
Instance (Fifth Chamber), composed of: R. García-Valdecasas,
President, P. Lindh and J.D. Cooke, Judges; J. Palacio González,
Principal Administrator, for the Registrar, has given a judgment
on 16 October 2003, in which it:

In Case T-255/01, Changzhou Hailong Electronics & Light
Fixtures Co. Ltd, established at Changzhou (China), Zhejiang
Yankon Group Co. Ltd, formerly Zheijang Sunlight Group Co.
Ltd, established at Shangyu (China), represented by P. Bentley
QC, and F. Ragolle, lawyer, v Council of the European Union
(Agents: S. Marquardt, and G. M. Berrisch), supported by
Commission of the European Communities (Agents: V. Kreu-
schitz, T. Scharf and S. Meany): Application for annulment of
Council Regulation (EC) No 1470/2001 of 16 July 2001
imposing a definitive anti-dumping duty and collecting defini-
tively the provisional duty imposed on imports of integrated
electronic compact fluorescent lamps (CFL-i) originating in the
People’s Republic of China (OJ 2001 L 195, p. 8), the Court
of First
Instance (Fifth Chamber, Extended Composition),
composed of: R. García-Valdecasas, President, P. Lindh,
J.D. Cooke,
J. Plingers,
Administrator, for the Registrar, has given a judgment on
23 October 2003, in which it:

J. Pirrung and H. Legal,

Judges;

1. Dismisses

the decision
the application for annulment of
contained in the letter from DG Agriculture of 31 July 2000
as inadmissible.

2. Orders the applicants to bear their own costs and to pay the

costs incurred by the Council.

1. Dismisses the action.

C 7/32

EN

Official Journal of the European Union

10.1.2004

3. Orders the Commission to bear its own costs.

JUDGMENT OF THE COURT OF FIRST INSTANCE

(1) OJ C 3 of 5.1.2002.

of 21 October 2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 October 2003

in Case T-279/01: Giorgio Lebedef v Commission of the
European Communities (1)

(Officials — Staff report — Late preparation — Action for
compensation)

(2004/C 7/57)

(Language of the case: French)

first,

for annulment of

In Case T-279/01: Giorgio Lebedef, an official of the Com-
mission of the European Communities, residing in Senninger-
berg (Luxembourg), represented by G. Bouneou and F. Frabetti,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: J. Currall)
— application,
the Commission’s
decisions partially rejecting the applicant’s complaints seeking
damages to compensate him for the non-material damage
caused by the delay in the preparation of the staff reports
concerning him for the periods 1995/1997 and 1997/1999
and, secondly, for damages to compensate him for that non-
material damage — the Court of First Instance (Single Judge:
V. Tiili); I. Natsinas, Administrator, for the Registrar, has given
a judgment on 23 October 2002, in which it:

1. Orders the Commission to pay the applicant

the sum of
EUR 1 500, in addition to the sum of EUR 619,73 already
awarded by the Appointing Authority.

2. Dismisses the remainder of the action.

3. Orders the Commission to pay the costs.

in Case T-302/01: Gerhard Birkhoff v Commission of the
European Communities (1)

(Officials — Article 2(5) of Annex VII to the Staff Regu-
lations — Cancellation of an allowance for dependent child
who has reached majority — Legitimate expectations)

(2004/C 7/58)

(Language of the case: Italian)

In Case T-302/01: Gerhard Birkhoff, former official of the
Commission of
the European Communities, now retired,
residing in Weitnau (Germany), represented by V. Salvatore,
lawyer, against Commission of the European Communities
(Agents: J. Currall and A. Dal Ferro) — first, an application for
annulment of the decision of the appointing authority of
26 September 2001 rejecting the complaint brought by the
applicant against the decision of the Commission of 4 July
2001 by which it cancelled payment to the applicant of the
dependent child allowance in respect of his daughter and of
the decision of 4 July 2001 and, secondly, a claim for
compensation for material and non-material damage — the
Court of First
Instance (Second Chamber), composed of
N.J. Forwood, President, J. Pirrung and A.W.H. Meij, Judges;
H. Jung, Registrar, gave a judgment on 21 October 2003, in
which it:

1. Annuls the decision of

the Commission of 4 July 2001
cancelling, with effect from 1 July 2001, payment of the
dependent child allowance in respect of the applicant’s daughter
who has reached majority.

2.

Finds that there is no need to adjudicate on the claim for
compensation for the damage arising from the loss of cover in
respect of the applicant’s daughter by the EC Sickness Insurance
Fund, nor on the part of the claim seeking compensation for the
tax consequences of the contested decision.

3. Dismisses the remainder of the claim for compensation.

4. Orders the Commission to pay two-thirds of the applicant’s
costs, including those incurred in the proceedings for interim
relief in the present case.

(1) OJ C 3 of 5.1.2002.

(1) OJ C 44 of 16.2.2002.