Case T-348/05: Judgment of the Court of First Instance of 10 September 2008 — JSC Kirovo-Chepetsky Khimichesky Kombinat v Council (Dumping — Imports of ammonium nitrate originating in Russia and Ukraine — Amendment of the definition of the product concerned — Application of existing measures to new product types)
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: Council of the European Union, Russia, action for annulment (EU), anti-dumping duty, anti-dumping legislation, fertiliser industry

25.10.2008

EN

Official Journal of the European Union

C 272/17

Judgment of the Court of First Instance of 10 September
2008 — Evropaïki Dinamiki v Commission

Judgment of the Court of First Instance of 10 September
2008 — JSC Kirovo-Chepetsky Khimichesky Kombinat v
Council

(Case T-59/05) (1)

(Case T-348/05) (1)

for

the

financial

(Public service contracts — Community tendering procedure
— Provision of development, maintenance and support
services
the
Directorate-General for Agriculture — Selection and award
criteria — Rejection of a submitted tender — Obligation to
state the reasons on which the decision is based — No mani-
fest error of assessment — Principles of diligence and good
administration)

information systems of

(Dumping — Imports of ammonium nitrate originating in
Russia and Ukraine — Amendment of the definition of the
product concerned — Application of existing measures to new
product types)

(2008/C 272/31)

Language of the case: English

(2008/C 272/30)

Language of the case: English

Parties

Parties

Applicants: Evropaïki Dinamiki — Proigmena Sistimata Tilepiki-
nonion Pliroforikis kai Tilematikis AE, (Athens, Greece) (repre-
sented by: N. Korogiannakis, lawyer)

Applicant: JSC Kirovo-Chepetsky Khimichesky Kombinat (Kirovo-
Chepetsk, Russia)
initially by B. Servais and Y.
Melin, and subsequently by B. Servais, lawyers)

(represented:

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

Intervener in support of
the
European Communities (represented by: E. Righini and K.
Talabér-Ritz, acting as Agents)

the defendant: Commission of

Defendant: Commission of the European Communities (repre-
sented: initially by K. Banks and E. Manhaeve, and subsequently
by E. Manhaeve and M. Wilderspin, acting as Agents)

Re:

Re:

Annulment of the decision of the Commission of 23 November
2004 rejecting the bid filed by the applicant in the tendering
procedure for the provision of computer and related services
linked to the information systems of the Directorate-General for
Agriculture and of the decision of the Commission to award the
contract to another bidder.

Operative part of the judgment

The Court:

1. The action is dismissed as being unfounded.

2. The Commission shall bear its own costs and shall pay one fifth of
the costs incurred by Evropaïki Dinamiki — Proigmena Sistimata
Tilepikinonion Pliroforikis kai Tilematikis AE.

Action for annulment of Council Regulation (EC) No 945/2005
of 21 June 2005 amending Regulation (EC) No 658/2002
imposing a definitive anti-dumping duty on imports of ammo-
nium nitrate originating in Russia
and Regulation (EC)
No 132/2001 imposing a definitive anti-dumping duty on
imports of ammonium nitrate originating in, inter alia, Ukraine,
following a partial interim review pursuant to Article 11(3) of
Regulation (EC) No 384/96 (OJ 2005 L 160, p. 1)

Operative part of the judgment

The Court:

1. Annuls Council Regulation (EC) No 945/2005 of 21 June 2005
amending Regulation (EC) No 658/2002 imposing a definitive
anti-dumping duty on imports of ammonium nitrate originating in
Russia and Regulation (EC) No 132/2001 imposing a definitive
anti-dumping duty on imports of ammonium nitrate originating
in, inter alia, Ukraine, following a partial interim review pursuant
to Article 11(3) of Regulation (EC) No 384/96;

2. Orders the Council to bear its own costs and those incurred by JSC

Kirovo-Chepetsky Khimichesky Kombinat;

3. Evropaïki Dinamiki shall bear four fifths of its costs.

3. Orders the Commission to bear its own costs.

(1) OJ C 106, 30.4.2005.

(1) OJ C 281, 12.11.2005.