Case T-299/05: Action brought on 26 July 2005 — Shanghai Excell M&E Enterprise and Shanghai Adeptech Precision/Council
Date: 2005-10-15
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), anti-dumping duty, anti-dumping legislation, electronic device, measuring equipment, organisation

C 257/14

EN

Official Journal of the European Union

15.10.2005

Action brought on 26 July 2005 — Shanghai Excell M&E
Enterprise and Shanghai Adeptech Precision/Council

relating to normal value, export price and profit margin and
that therefore Articles 2.A.7. para(A) and 2.C. para(10) of Regu-
lation (EC) 384/1996 were violated.

(Case T-299/05)

(2005/C 257/27)

Language of the case: English

Finally, the applicants contend that the contested regulation
does not
it states incorrect
addresses for both of them. They consider that a material error
of fact.

identify them properly in that

(1) OJ L 112, 3/5/2005, p. 42
(2) OJ L 256, 03/08/2004, p. 8

Parties:

Applicant(s): Shanghai Excell M&E Enterprise Co Ltd and
Shanghai Adeptech Precision Company Limited (Shanghai,
China) [represented by: R. MacLean, solicitor]

Defendant(s): Council of the European Union

Form of order sought:

— annul Council Regulation (EC) 692/2005 (1) of 28 April

2005, insofar as it applies to the applicant; and

— order the Council to pay the legal costs and expenses of the

procedure.

Pleas in law and main arguments:

The contested regulation imposed an anti-dumping duty on the
applicants' exports of retail electronic weighing scales which
also applied retrospectively to imports of these products regis-
tered in accordance with Commission Regulation (EC)
1408/2004 (2). Customs authorities
in the EU were also
instructed to cease the registration of
imports of products
coming from the People's Republic of China for the applicants.

The applicants request the Court to annul this regulation. In
support of their application they invoke an infringement of
Article 2.7(c) para. (2) of Council Regulation (EC) 384/1996 on
the grounds that the Commission rendered a determination on
the issue of Market Economy Treatment for the applicants after
the expiry of the three month period provided for in this
article. They further
invoke manifest errors of assessment
relating to the determination of whether the applicants oper-
ated under market
applicants
consider these alleged errors as violations of Article 2.A.7.(c)
para. (1) of Regulation (EC) 384/1996.

economy conditions. The

The contested regulation was adopted after a ‘newcomer inves-
tigation’ in respect of the applicants. The applicants allege that
in that investigation the Community institutions did not adopt
the same methodology they had applied in the original investi-
gation which led to the duty and that, therefore, Article 11
paragraph 9 of Regulation (EC) 384/1996 was also violated.

Action brought on 3 August 2005 — ACEA Electrabel
Produzione SpA/Commission of the European Commu-
nities

(Case T-303/95)

(2005/C 257/28)

Language of the case: Italian

Parties:

Italy)
Applicant: ACEA Electrabel Produzione SpA (Rome,
[represented by: Luca G. Radicati di Brozolo, Massimo Merola,
Chiara Bazoli, Fabrizion D'Alessandri, lawyers]

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

— annul the Commission's decision of 16 March 2005 on aid
for the reduction of greenhouse gases through the use of
sources of alternative energy (State aid No C 35/03), in that
it classifies as State aid measures to fund the construction
of a distance heating system in the district of Torrino-
Mezzocammino, and in that it suspends the grant of aid
until Italy has supplied evidence of repayment by ACEA of
the aid declared unlawful and incompatible with Decision
2003/193/EC of 5 June 2002 on tax relief for ex-municipal
undertakings;

The applicants also contend that the Community institutions
failed to apply the proper standards in assessing the criteria

— order the Commission to pay the costs.