Case T-480/04: Action brought on 14 December 2004 by Chr. Muller Touw B.V. and A&C Braid and Rope Co. Pvt. Ltd against the Council of the European Union
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: Council of the European Union, India, action for annulment (EU), anti-dumping duty, anti-dumping legislation, textile fibre, textile industry

5.3.2005

EN

Official Journal of the European Union

C 57/29

Action brought on 20 November 2004 by Vassilios Tsar-
navas against the Commission of the European Commu-
nities

Action brought on 14 December 2004 by Chr. Muller
Touw B.V. and A&C Braid and Rope Co. Pvt. Ltd against
the Council of the European Union

(Case T-472/04)

(2005/C 57/49)

(Language of the case: French)

(Case T-480/04)

(2005/C 57/50)

(Language of the case: Dutch)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 20 November 2004 by Vassilios
Tsarnavas, residing in Volos (Greece), represented by Nicolas
Lhoëst, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the Commission of 23 December
2003 in so far as it failed to include the applicant's name in
the list of officials put forward for promotion in 1999, or
on the list of officials adjudged to be the most deserving of
promotion to grade A4 in the 1998 and 1999 promotion
rounds, or on the list of officials promoted to grade A4 in
those promotion rounds;

— annul all connected and/or subsequent decisions;

— in so far as may be necessary, annul the decision of the
Commission of 5 August 2004, rejecting the applicant's
complaint;

— order the Commission to pay the costs.

Pleas in law and main arguments

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 14 December 2004 by Chr. Muller Touw B.V,
having its registered office in Elst (Netherlands), and A&C Braid
and Rope Co. Pvt. Ltd, having its registered office in Rania
(India), represented by John Wolfs, advocaat.

The applicants claim that the Court should:

1. annul Regulation No 1736/2004 in so far as it concerns

deliveries from A&C in India;

2. order the Council to pay the costs.

Pleas in law and main arguments:

Chr. Muller Touw, which has its registered office in the Nether-
lands, supplies raw materials to A&C Braid and Rope in India,
which processes those raw materials into rope for export to the
EC. The applicants seek the annulment of Regulation No 1736/
2004 establishing a definitive anti-dumping duty (1)
to the
extent to which it applies to them.

In support of their application the applicants submit that there
is here no question of material injury, as required by Articles 1
and 3 of Regulation No 384/96. (2) The applicants submit that
they manufacture rope for private individual use and that is not
suitable for industrial use or for use at sea, as stated in the
contested regulation, and that their market share is negligible.

In support of its action, the applicant alleges procedural irregu-
larities, an infringement of Article 25(2) of the Staff Regula-
tions, an infringement of Article 45 of the Staff Regulations,
infringements of the principle of equal treatment and sound
administration and, lastly, a manifest error of assessment.

(1) Council Regulation (EC) No 1736/2004 of 4 October 2004
imposing a definitive anti-dumping duty on imports of synthetic
fibre ropes originating in India (OJ 2004 L 311, p. 1).

(2) Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of
the European Community (OJ 1996 L 56, p. 1).