Case T-221/05: Judgment of the Court of First Instance of 8 July 2008 — Huvis v Council (Dumping — Imports of polyester staple fibres from Korea — Regulation terminating an interim review — Application of a different methodology to that used in the initial investigation — Requirement of a change in circumstances — Adjustment claimed for credit costs — Credit periods — Burden of proof — Principle of sound administration — Article 2(10)(b) and (g) and Article 11(9) of Regulation (EC) No 384/96)
Date: 2008-07-08
Institutions: Court of First Instance
Subjects: Council of the European Union, South Korea, action for annulment (EU), anti-dumping duty, anti-dumping legislation, import, man-made fibre, originating product

C 209/44

EN

Official Journal of the European Union

15.8.2008

Judgment of the Court of First Instance of 8 July 2008 —
Franchet and Byk v Commission

Judgment of the Court of First Instance of 8 July 2008 —
Huvis v Council

(Case T-48/05) (1)

(Case T-221/05) (1)

(Non-contractual liability — Civil service — Investigations by
OLAF — ‘Eurostat’ case — Communication to national judi-
cial authorities of information relating to facts liable to lead
to criminal proceedings — Lack of advance information for
the officials concerned and the supervisory committee of
OLAF — Leaks in the press — Disclosure by OLAF and the
Commission — Breach of the principle of presumption of
innocence — Non-material damage — Causal link)

(Dumping — Imports of polyester staple fibres from Korea —
Regulation terminating an interim review — Application of a
different methodology to that used in the initial investigation
— Requirement of a change in circumstances — Adjustment
claimed for credit costs — Credit periods — Burden of proof
— Principle of sound administration — Article 2(10)(b) and
(g) and Article 11(9) of Regulation (EC) No 384/96)

(2008/C 209/75)

Language of the case: French

(2008/C 209/76)

Language of the case: English

Parties

Applicants: Yves Franchet (Nice, France) and Daniel Byk (Luxem-
bourg, Luxembourg) (represented by: G. Vandersanden and L.
Levi, avocats)

Parties

Defendant: Commission of the European Communities (repre-
sented by: J.-F. Pasquier, acting as Agent)

Applicant: Huvis Corp.
(represented by:
lawyers)

(Gangnam-gu, Seoul, South Korea,)
J.-F. Bellis, F. Di Gianni and R. Antonini,

Re:

Defendant: Council of the European Union (represented by: J.- P.
Hix, Agent, and G. Berrisch, lawyer)

APPLICATION for compensation for material and non-material
damage allegedly suffered as a result of alleged wrongful acts on
the part of the Commission and OLAF in the course of investi-
gations relating to the ‘Eurostat’ case.

in support of

Intervener
the
European Communities (represented by: E. Righini and K.
Talabér Ricz, acting as Agents)

the defendant: Commission of

Operative part of the judgment

The Court:

Re:

1. Orders the Commission to pay Yves Franchet and Daniel Byk the

sum of EUR 56 000;

2. Dismisses the remainder of the action;

3. Orders the Commission to pay the costs.

(1) OJ C 93, 16.4.2005.

Application, first, for the annulment of Article 2 of Council
Regulation (EC) No 428/2005 of 10 March 2005 imposing a
definitive anti-dumping duty on imports of polyester staple
fibres originating in the People's Republic of China and Saudi
Arabia, amending Regulation (EC) No 2852/2000 imposing a
definitive anti-dumping duty on imports of polyester staple
fibres originating in the Republic of Korea and terminating the
anti-dumping proceeding in respect of such imports originating
in Taiwan (OJ 2005 L 71, p. 1) and, second, for a declaration
under Article 241 EC that the provisions of 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) are inapplicable to the extent
to which they support the disputed conclusions contained in
Regulation No 428/2005

15.8.2008

EN

Official Journal of the European Union

C 209/45

Operative part of the judgment

The Court:

Insurance Scheme of the European Communities refusing to pay
100 % of certain medical expenses incurred by the applicant
and an application that the Commission be ordered to pay
certain medical expenses for the applicant.

staple

1. Annuls Article 2 of Council Regulation (EC) No 428/2005 of
10 March 2005 imposing a definitive anti-dumping duty on
imports of polyester
fibres originating in the People's
Republic of China and Saudi Arabia, amending Regulation (EC)
No 2852/2000 imposing a definitive anti-dumping duty on
imports of polyester staple fibres originating in the Republic of
Korea and terminating the anti-dumping proceeding in respect of
such imports originating in Taiwan, to the extent to which the
anti-dumping duty imposed on exports into the European Com-
munity of goods produced and exported by Huvis Corp. exceeds
that which would be applicable if the ‘input’ method, used in the
initial investigation, had been used to calculate the adjustment to
the normal value for import charges and indirect taxes;

2. Dismisses the action as to the remainder;

3. Orders the Council to bear its own costs and to pay 70 % of the

costs incurred by Huvis Corp.;

4. Orders the Commission to bear its own costs.

Operative part of the judgment

The Court:

1. Dismisses the applications;

2. Orders the parties to bear their own costs.

(1) OJ C 257, 15.10.2005.

Judgment of the Court of First Instance of 9 July 2008 —
Coffee Store v OHIM (THE COFFEE STORE)

(1) OJ C 193, 6.8.2005.

(Case T-323/05) (1)

(Community trade mark — Application for the Community
word mark THE COFFEE STORE — Absolute ground for
refusal — Descriptive character — Article 7(1)(c) of Regu-
lation (EC) No 40/94)

Judgment of the Court of First Instance of 9 July 2008 —
Marcuccio v Commission

(Joint Cases T-296/05 and T-408/05) (1)

(2008/C 209/78)

Language of the case: German

(Social security — Applications to have medical expenses paid
the
at 100 % — Implied

rejections

express

and

of

applications)

(2008/C 209/77)

Language of the case: Italian

Parties

Applicant: The Coffee Store GmbH (Mannheim, Germany) (repre-
sented by: M. Buddeberg, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: initially T. Eichen-
berg, and subsequently by G. Schneider, acting as Agents)

Parties

Re:

Applicant: Luigi Marcuccio (Tricase,
Distante initially, then G. Cipressa and L. Garofalo, lawyers)

(represented by: A.

Italy)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis Kayser and J. Currall, Agents, and A. Dal
Ferro, lawyer)

Action brought against the decision of the Second Board of
Appeal of OHIM of 15 June 2005 (Case R 855/2004-2)
concerning an application for the registration of the word sign
THE COFFEE STORE as a Community trade mark

Re:

Operative part of the judgment

The Court:

Inter alia, an application for annulment of two implied decisions
of the office responsible for settling claims of the Joint Sickness

1. dismisses the action;