Case T-249/06: Action brought on 8 September 2006 — Niko Tube and Nyzhniodniprovskyi Tube Rolling Plant v Council
Date: 2006-10-28
Institutions: Court of First Instance
Subjects: Council of the European Union, Ukraine, action for annulment (EU), anti-dumping duty, import, originating product, piping, tube

C 261/28

EN

Official Journal of the European Union

28.10.2006

Pleas in law: Violation of Article 73 of Council Regulation No
40/94 as neither of
the opportunity to
the parties has
comment on the results of the Internet research carried out by
the Board of Appeal.

Violation of Article 74 of the regulation as the Board of Appeal
took into account
facts that had not been introduced or
substantiated by the parties and did not take into account facts,
evidence and arguments, which had been duly introduced by
the applicant.

Action brought on 8 September 2006 — Niko Tube and
Nyzhniodniprovskyi Tube Rolling Plant v Council

(Case T-249/06)

(2006/C 261/53)

Language of the case: English

Parties

Applicants: Nikopol Seamless Tubes Plant Closed Joint Stock
Company (Niko Tube)
(Nikopol, Ukraine) and Nyzhniodni-
provskyi Tube Rolling Plant Open Joint Stock Company
(Dnipropetrovsk, Ukraine) (represented by: H.-G. Kamann and
P. Vander Schueren, lawyers)

Defendant: Council of the European Union

Form of order sought

— Annul the contested regulation as far as it concerns the

applicants;

— order to Council to pay the costs.

— made a material injury determination in breach of Article 3
the Community

the Basic Regulation (2) given that

of
producers did not fully cooperate;

— acted in breach of Article 5(4) of the Basic Regulation by
not terminating the proceeding in light of the non-coopera-
tion by the Community industry;

— committed a manifest error of assessment under Article
2(10) of the Basic Regulation by deducting an assumed
commission from the export price of the sales company
Sepco;

— breached the principle of non-discrimination in considering
and ultimately rejecting an offer of undertaking by the
applicants; and

— breached the rights of defence of the applicants and Article
253 EC by not adequately stating reasons for its decision.

(1) Council Regulation (EC) No 954/2006 of 27 June 2006 imposing
definitive anti-dumping duty on imports of certain seamless pipes
and tubes, of iron or steel originating in Croatia, Romania, Russia
and Ukraine, repealing Council Regulations (EC) No 2320/97 and
(EC) No 348/2000, terminating the interim and expiry reviews of
the anti-dumping duties on imports of certain seamless pipes and
tubes of iron or non-alloy steel originating, inter alia, in Russia and
Romania and terminating the interim reviews of the anti-dumping
duties on imports of certain seamless pipes and tubes of iron or
non-alloy steel originating, inter alia, in Russia and Romania and in
Croatia and Ukraine (OJ 2006 L 175, p. 4).

(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) .

Action brought on 15 September 2006 — Radio Regen-
bogen Hörfunk in Baden v OHIM (RadioCom)

(Case T-254/06)

(2006/C 261/54)

Language of the case: German

Pleas in law and main arguments

The applicants, who are Ukrainian producers of seamless tubes
and pipes, seek the annulment of Council Regulation No
954/2006 (1)
imposing a definitive anti-dumping duty on
imports of certain seamless pipes and tubes originating in
among others Ukraine.

Parties

In support of their application, the applicants invoke that the
Council:

— determined the normal value on the basis of a manifest
error of assessment and contrary to the principle of non-
discrimination by taking into account products that were
not manufactured by the applicants;

Applicant: Radio Regenbogen Hörfunk in Baden GmbH & Co.
KG (Mannheim, Germany)
(represented by W.W. Göpfert,
lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)