Judgment of the Court of First Instance of 28 October 2004 in Case T-35/01: Shanghai Teraoka Electronic Co. Ltd v Council of the European Union (Dumping — Imposition of definitive anti-dumping duties — Electronic weighing scales originating in China — Undertaking with market economy status — Determination of injury — Causal link — Rights of the defence)
Date: 2005-01-08
Institutions: Court of First Instance
Subjects: China, Council of the European Union, action for annulment (EU), anti-dumping duty, electronics industry, measuring equipment

8.1.2005

EN

Official Journal of the European Union

C 6/33

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 October 2004

of 26 October 2004

in Case T-35/01: Shanghai Teraoka Electronic Co. Ltd v
Council of the European Union (1)

(Dumping — Imposition of definitive anti-dumping duties —
Electronic weighing scales originating in China — Under-
taking with market economy status — Determination of
injury — Causal link — Rights of the defence)

in Case T-207/02: Nicoletta Falcone v Commission of the
European Communities (1)

(Officials — Open competition — Non-admission to the
written tests as a result of the marks obtained in the pre-
selection tests — Alleged unlawfulness of the notice of
competition)

(2005/C 6/64)

(Language of the case: English)

(2005/C 6/65)

(Language of the case: Italian)

of

the

lawyers)

the Council

Communities,

(China), represented by P. Waer,

In Case T-35/01: Shanghai Teraoka Electronic Co. Ltd, estab-
lished in Shanghai
lawyer,
against
European Union (Agent:
the
S. Marquardt, assisted initially by G. Berrisch and P. Nehl and
supported by the
subsequently by G. Berrisch,
Commission
(Agents:
European
of
V. Kreuschitz, S. Meany and T. Scharf, with an address for
service in Luxembourg — action for annulment of Article 1 of
Council Regulation (EC) No 2605/2000 of 27 November 2000
imposing definitive anti-dumping duties on imports of certain
electronic weighing scales originating in China, South Korea
and Taiwan (OJ 2000 L 301, p. 42) — the Court of First
Instance (Fourth Chamber, Extended Composition), composed
of: V. Tiili, President, J. Pirrung, P. Mengozzi, A.W.H. Meij and
M. Vilaras, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 28 October 2004, in which it:

1. Dismisses the action;

2. Orders the applicant

to bear its own costs and to pay those

incurred by the defendant;

3. Orders the intervener to bear its own costs.

In Case T-207/02: Nicoletta Falcone, a candidate in Competi-
tion COM/A/10/01, represented by M. Condinanzi, against
Commission of the European Communities (Agent: J. Currall,
assisted by A. Dal Ferro, with an address for service in Luxem-
bourg) — application for annulment of the decision of 2 May
2002 of the selection board in Competition COM/A/10/01 to
exclude the applicant from the written tests on the ground that
she did not obtain sufficient marks to be included among the
400 best candidates — the Court of First Instance (Second
Chamber), composed of J. Pirrung, President, A.W.H. Meij and
N. Forwood, Judges; H. Jung, Registrar, has given a judgment
on 26 October 2004, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs, including those relating

to the application for interim measures.

(1) OJ C 118 of 21.4.2001.

(1) OJ C 202 of 24.8.2002.