CELEX: C1999/314/25
Language: en
Date: 1999-10-30 00:00:00
Title: Case T-188/99: Action brought on 20 August 1999 by Euroalliages against the Commission of the European Communities

30.10.1999               EN                     Official Journal of the European Communities                                     C 314/11
Action brought on 20 August 1999 by Euroalliages against                   Action brought on 25 August 1999 by David Petrie,
        the Commission of the European Communities                         Victoria Jane Primhak, David Verzoni and A.L.L.S.I. (Asso-
                                                                           ciazione Lettori di Lingua Straniera in Italia) against the
                          (Case T-188/99)                                           Commission of the European Communities
                          (1999/C 314/25)                                                           (Case T-191/99)
                     (Language of the case: French)                                                 (1999/C 314/26)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance on                                        (Language of the case: Italian)
20 August 1999 by Euroalliages (Comité de Liaison des
Industries de Ferro-Alliages), an association established in
Brussels, represented by Dominique Voillemot and Olivier
                                                                           An action against the Commission of the European Communi-
Prost, of the Paris Bar.
                                                                           ties was brought before the Court of First Instance of the
                                                                           European Communities on 25 August 1999 by David Petrie,
The applicant claims that the Court of First Instance should:              Victoria Jane Primhak, David Verzoni and A.L.L.S.I. (Associa-
                                                                           zione Lettori di Lingua Straniera in Italia), with Professor
— annul the sole article of the Commission’s decision of                   Lorenzo Picotti and Claude Medernach, of the Verona and
      4 June 1999 terminating the anti-dumping proceeding                  Luxembourg Bars, with an address for service in Luxembourg
      concerning imports of ferro-silicon originating in Egypt             at the latter’s Chambers, 8-10 Rue Mathias Hardt.
      and Poland;
— order the Commission to pay the costs.                                   The applicant claims that the Court should:
Pleas in law and main arguments                                            — annul the European Commission’s refusal or failure
                                                                                — evident both from the letters of 3 May 1999 and 20 July
By the contested decision of 4 June 1999, the Commission                        1999, and from its neglectful conduct — to recognise the
declared that the anti-dumping proceeding concerning imports                    applicants’ right of access to documents in its possession
of ferro-silicon falling within CN codes 7202 21 10,                            relating to the infringement procedure under Article 169
7202 21 90 and 7202 29 90 originating in Egypt and Poland                       of the EEC Treaty concerning the Italian Republic
was terminated.                                                                 (No 96/2208); and, in particular, annul the Commission’s
                                                                                decision of 20 July 1999, together with all other entailed
                                                                                or related measures or actions and as a consequence order
That decision had already been the subject of an initial                        the Commission to allow such access and to pay the costs
publication under number 1999/366/EC (1). Three days later,                     of the proceedings.
it was stated that that initial publication was ‘to be considered
void’ (2).
The contested decision was then published anew under number                Pleas in law and main arguments
1999/426/EC (3) and notified to the applicant.
The applicant considers:                                                   The applicants take issue with the Commission’s refusal of
                                                                           access to documents in its possession relating to the infringe-
— that that decision disregards the arguments which it                     ment procedure under Article 226 of the EEC Treaty concern-
      submitted in writing and orally to the Commission in                 ing the discriminatory character of the Italian legislation
      opposition to that termination; and                                  serving as the basis for the recruitment of university language
                                                                           assistants of foreign mother tongue — in particular, of
— that, in adopting that decision, the Commission committed                Article 28 of DPR 382/80 — and of the rules applying to
      a manifest error of assessment as regards the likelihood of          temporary teaching posts.
      a recurrence of injury within the meaning of Article 11(2)
      of the basic regulation (4).
                                                                           The contested decision is based on two different grounds. In
( 1) OJ L 142 of 5.6.1999, p. 36.
                                                                           respect of one group of documents, the pretext for refusing
(2) OJ L 144 of 9.6.1999, p. 37.                                           access was the fact that, whereas the code of conduct adopted
(3) OJ L 166 of 1.7.1999, p. 91.                                           by the Commission in 1994 refers solely to ‘own’ documents,
(4) Council Regulation (EC) No 384/96 of 22 December 1995 on               the documents requested were for internal circulation within
     protection against dumped imports from countries not members          the Italian administration. As regards the second group of
     of the European Community (OJ L 56 of 6.3.1996, p. 1).                documents, on the other hand, the Commission dismissed the
                                                                           possibility of access on grounds of protection of the public
                                                                           interest, since they concern the infringement procedure
                                                                           initiated in respect of Italy.