Case T-429/04: Judgment of the Court of First Instance (Third Chamber) of 9 July 2008 — Trubowest Handel GmbH and Makarov v Council and Commission (Non-contractual liability — Anti-dumping duties — Anti-dumping Regulation (EC) No 2320/97 — Lawyers' fees incurred in domestic proceedings — Inadmissibility — Material and non-material damage — Causal link)
Date: 2008-07-09
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, anti-dumping duty, appeal to the Court (EU), financial loss, indemnification, restriction on competition, tube

15.8.2008

EN

Official Journal of the European Union

C 209/43

Judgment of the Court of First Instance of 1 July 2008 —
Compagnie maritime belge v Commission

Judgment of the Court of First Instance (Third Chamber) of
9 July 2008 — Trubowest Handel GmbH and Makarov v
Council and Commission

(Case T-276/04) (1)

(Case T-429/04) (1)

(Competition — Abuse of collective dominant position —
Shipping conference — Decision imposing a fine on the basis
of an earlier decision annulled in part by the Court of Justice
— Regulation (EEC) No 2988/74 — Reasonable time-limit
— Rights of the defence — Legal certainty — Force of res
judicata)

liability — Anti-dumping

duties —
(Non-contractual
Anti-dumping Regulation (EC) No 2320/97 — Lawyers' fees
incurred in domestic proceedings — Inadmissibility — Mate-
rial and non-material damage — Causal link)

(2008/C 209/73)

Language of the case: French

(2008/C 209/74)

Language of the case: English

Parties

Applicant: Compagnie maritime belge SA (Antwerp, Belgium)
(represented by: D. Waelbroeck, lawyer)

Defendant: Commission of the European Communities (repre-
sented initially by É. Gippini Fournier, P. Hellström and F.
Amato, then by É. Gippini Fournier, Agents)

Parties

Applicants: Trubowest Handel GmbH (Cologne, Germany) and
Viktor Makarov, (Cologne), (represented by: K. Adamantopoulos
and E. Petritsi, lawyers)

Defendants: Council of the European Union (represented by: J.-P.
Hix, Agent, and G. Berrisch,
lawyer) and Commission of the
European Communities (represented by N. Khan and T. Scharf,
Agents)

Re:

Re:

Action for annulment of Commission Decision 2005/480/EC of
30 April 2004 relating to a proceeding under Article 82 EC
(Cases COMP/D2/32.448 and 32.450) (summarised in OJ 2005
L 171, p. 28),
imposing a fine on the applicant for alleged
abuses of a collective dominant position engaged in by the
Cewal conference and, in the alternative, the reduction of that
fine.

Application for compensation under Article 288 EC, in respect
of the damage allegedly suffered by the applicants by reason of
the adoption of Council Regulation (EC) No 2320/97 of
17 November 1997 imposing definitive anti-dumping duties on
imports of certain seamless pipes and tubes of iron or non-alloy
steel originating in Hungary, Poland, Russia, the Czech Republic,
Romania and the Slovak Republic, repealing Regulation (EEC)
No 1189/93 and terminating the proceeding in respect of such
imports originating in the Republic of Croatia (OJ 1997 L 322,
p. 1).

Operative part of the judgment

The Court hereby:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Compagnie maritime belge SA to pay two-thirds of its own
costs and two-thirds of the costs incurred by the Commission, and
orders the Commission to pay one-third of its own costs and one-
third of the costs incurred by Compagnie maritime belge.

2. Orders Trubowest Handel GmbH and Victor Makarov to pay, in
addition to their own costs, the costs incurred by the Council and
the Commission.

(1) OJ C 262, 23.10.2004.

(1) OJ C 31, 5.2.2005.