Case T-205/07: Action brought on 4 June 2007 — Italy v Commission
Date: 2007-06-04
Institutions: Court of First Instance
Subjects: EPSO, European Commission, Italy, action for annulment (EU), competition (EU), official language, servant (EU)

21.7.2007

EN

Official Journal of the European Union

C 170/41

Action brought on 4 June 2007 — Italy v Commission

(Case T-205/07)

(2007/C 170/78)

23 April 2007 imposing a definitive anti-dumping duty and
collecting definitively the provisional duty imposed on
imports of
ironing boards originating in the People's
Republic of China and Ukraine;

Language of the case: Italian

— order the Council to pay the costs.

Parties

Applicant: Italian Republic (represented by: P. Gentili, Avvocato
dello Stato)

Defendant: Commission of the European Communities

Form of order sought

— Annul the Call for expressions of interest to constitute a
database of candidates to be recruited as contracts agents
European
carrying out
institutions and agencies, EPSO/CAST/EU/27/07, published
only in English, French and German on the EPSO website
http://europe.eu.epso/cast27/call on 27 March 2007.

activities within the

various

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied
on in Case T-156/07 Spain v Commission.

Action brought on 12 June 2007 — Foshan Shunde
Yongjian Housewares & Hardware v Council

(Case T-206/07)

(2007/C 170/79)

Language of the case: French

Parties

Applicant: Foshan Shunde Yongjian Housewares & Hardware
(represented by: J.-F. Bellis, lawyer, and G. Vallera. Barrister)

Defendant: Council of the European Union

Pleas in law and main arguments

On 23 April 2007, the Council adopted, on the basis of the
Commission's proposal, Regulation (EC) No 452/2007 of
23 April 2007 imposing a definitive anti-dumping duty and
collecting definitively the provisional duty imposed on imports
of ironing boards originating in the People's Republic of China
and Ukraine (1). That regulation, which is the subject of this
action, establishes anti-dumpting duty with respect to the appli-
cant.

the applicant claims that

In its action,
the definitive anti-
dumping duty which was imposed on it is illegal inasmuch as
the proposal for definitive measures submitted by the Commis-
sion to the Council, on which the contested regulation is
founded, is flawed in two ways.

First of all, the applicant submits that the proposal sent to the
Council by the Commission was not founded on the definitive
findings reached by the Commission, but on the provisional
findings. The applicant maintains that the Commission erred in
interpreting Article 2(7)(c) of Regulation (EC) No 384/96 (2) as
prohibiting it from correcting the initial determination of the
treatment to be given to an undertaking in the light of that
provision. The applicant therefore alleges that the Commission's
proposal on definitive measures is vitiated by a manifest error in
law.

that

submits

the proposal

the applicant

In addition,
for
definitive measures is vitiated by an infringement of the essential
procedural requirements in so far as it was adopted in breach
of the rights of the defence and of Article 20(5) of Regulation
No 384/96. In support of that plea, the applicant submits that
the Commission sent its proposal to the Council before the
expiry of
the period for lodging its representations on the
revised final disclosure on which the proposal is founded.

Form of order sought

— Annul the antidumping duty imposed with respect to the
applicant by Council Regulation (EC) No 452/2007 of

(1) OJ 2000 L 109, p. 12.
(2) Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of
the European Community.