CELEX: C2000/047/48
Language: en
Date: 2000-02-19 00:00:00
Title: Judgment of the Court of First Instance of 15 December 1999 in Joined Cases T-33/98 and T-34/98: Petrotub SA and Republica SA v Council of the European Union (Anti-dumping duties — Seamless pipes and tubes of iron or non-alloy steel — Europe agreement with Romania — Normal value — Dumping margin — Injury — Procedural rights of exporters)

C 47/28                  EN                      Official Journal of the European Communities                                       19.2.2000
residue limits of veterinary medicinal products in foodstuffs of            Commission of the European Communities (Agents: Klaus
animal origin (OJ 1996 L 170, p. 8) — the Court of                          Wiedner and Stephen Kinsella), supported by Republic of
First Instance (Second Chamber), composed of: A. Potocki,                   Finland (Agents: Tuula Pynnä and David Vaughan QC) and
President, and C.W. Bellamy and A.W.H. Meij, Judges; B. Pas-                French Republic (Agents: Jean-François Dobelle, Frédérik Milli-
tor, Principal Administrator, for the Registrar, has given a                on and Kareen Rispal-Bellanger) — application for annulment
judgment on 1 December 1999, the operative part of which is                 of Commission Decision 97/277/EC of 20 November 1996
as follows:                                                                 declaring a concentration to be incompatible with the common
                                                                            market (Case No IV/M.784 — Kesko/Tuko) (OJ 1997 L 110,
1. Cases T-125/96 and T-152/96 are joined for the purposes of               p. 53) — the Court of First Instance (Second Chamber,
     this judgment.                                                         Extended Composition), composed of: A. Potocki, President,
                                                                            K. Lenaerts, C.W. Bellamy, J. Azizi and A.W.H. Meij, Judges;
2. Commission Regulation (EC) No 1312/96 of 8 July 1996                     A. Mair, Administrator, for the Registrar, has given a judgment
     amending Annex III of Council Regulation (EEC) No 2377/90              on 15 December 1999, in which it:
     laying down a Community procedure for the establishment of
     maximum residue limits of veterinary medicinal products in             1. Dismisses the action;
     foodstuffs of animal origin is annulled, in so far as it restricts the
     validity of the MRLs which it establishes for clenbuterol to certain   2. Orders the applicant to bear its own costs and to pay the costs of
     specified therapeutic indications for bovines and equines.                  the Commission;
3. For the rest, the applications are dismissed.                            3. Orders the Republic of Finland and the French Republic to bear
                                                                                 their own costs.
4. In Case T-125/96, the applicants and Fédération Européenne de
     la Santé Animale (Fedesa), as regards its intervention, are ordered
     to bear their own costs and those of the Council. The United           (1) OJ No C 131 of 26.4.97.
     Kingdom, the Commission and Stichting Kwaliteitsgarantie
     Vleeskalverensector (SKV) are ordered to bear their own costs.
5. In Case T-152/96, the Commission is ordered to bear its own
     costs and to pay one-half of the costs of the applicants and
     Fedesa, the other half to be borne by them. The Council and SKV
     are ordered to bear their own costs.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ No C 318 of 26.10.1996 and C 354 of 23.11.1996.
                                                                                                  of 15 December 1999
                                                                            in Joined Cases T-33/98 and T-34/98: Petrotub SA and
                                                                                 Republica SA v Council of the European Union (1)
                                                                            (Anti-dumping duties — Seamless pipes and tubes of iron or
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 non-alloy steel — Europe agreement with Romania —
                                                                            Normal value — Dumping margin — Injury — Procedural
                                                                                                    rights of exporters)
                       of 15 December 1999
                                                                                                      (2000/C 47/48)
in Case T-22/97: Kesko Oy v Commission of the European
                           Communities (1)
                                                                                                (Language of the case: English)
(Control of concentrations — Action for annulment —
Admissibility — Object of the proceedings — Competence
of the Commission under Article 22(3) of Regulation (EEC)                   In Joined Cases T-33/98 and T-34/98: Petrotub SA, established
No 4064/89 — Effect on trade between Member States —                        in Roman, Romania, and Republica SA, a company incorpor-
                  Creation of a dominant position)                          ated under Romanian law, established in Bucharest, Romania,
                                                                            represented by Alfred L. Merckx, of the Brussels Bar, with an
                                                                            address for service in Luxembourg at the Chambers of Duro &
                            (2000/C 47/47)                                  Lorang, 4 Boulevard Royal, against Council of the European
                                                                            Union (Agents: Stephan Marquardt, Hans-Jürgen Rabe and
                                                                            Georg M. Berrisch), supported by Commission of the European
                     (Language of the case: English)                        Communities (Agents: Nicholas Khan and Viktor Kreuschitz)
                                                                            — application for the annulment of Council Regulation
In Case T-22/97: Kesko Oy, established in Helsinki, represented             (EC) No 2320/97 of 17 November 1997 imposing definitive
by Gerwin van Gerven, of the Brussels Bar, and Sarah Beeston,               anti-dumping duties on imports of certain seamless pipes and
Solicitor, with an address for service in Luxembourg at the                 tubes of iron or non-alloy steel originating in Hungary, Poland,
Chambers of Loesch & Wolter, 11 Rue Goethe, against                         Russia, the Czech Republic, Romania and the Slovak Republic,
 ---pagebreak--- 19.2.2000              EN                    Official Journal of the European Communities                                       C 47/29
repealing Regulation (EEC) No 1189/93 and terminating the               Action brought on 14 October 1999 by Direcks Service
proceeding in respect of such imports originating in the                Station Bocholtz B.V. against the Commission of the
Republic of Croatia (OJ 1997 L 322, p. 1), to the extent to                                  European Communities
which that regulation affects the applicants — the Court
of First Instance (Second Chamber, Extended Composition),                                        (Case T-236/99)
composed of: A. Potocki, President, K. Lenaerts, C.W. Bellamy,
J. Azizi and A.W.H. Meij, Judges; B. Pastor, Principal Adminis-
                                                                                                  (2000/C 47/50)
trator, for the Registrar, has given a judgment on 15 December
1999, in which it:
                                                                                            (Language of the case: Dutch)
1. Dismisses the application;
2. Orders the applicants to pay the costs;                              An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
3. Orders the Commission to bear its own costs.                         European Communities on 14 October 1999 by Direcks
                                                                        Service Station Bocholtz B.V., of Bocholtz (Netherlands),
                                                                        represented by T.J.M. Oostdijk, of the Maastricht Bar.
(1) OJ No C 113 of 11.4.98.
                                                                        The applicant claims that the Court should:
                                                                        — annul the Commission’s decision (C(1999) 2539 final) (1)
                                                                             of 20 July 1999 concerning State aid granted by the
                                                                             Netherlands to 633 service stations in the region bordering
                                                                             Germany, and order that, as regards the applicant, no
Action brought on 14 October 1999 by Garage Bernsteyn                        demand for repayment should be made, or at any rate
B.V. against the Commission of the European Communi-                         decide the matter in such way as the Court shall consider
                                ties                                         to be fair and reasonable;
                         (Case T-235/99)                                — make the appropriate order as to costs, in accordance with
                                                                             the law.
                          (2000/C 47/49)
                                                                        Pleas in law and main arguments
                   (Language of the Case: Dutch)
                                                                        The pleas in law and main arguments are the same as in Case
An action against the Commission of the European Communi-               T-210/99.
ties was brought before the Court of First Instance of the
European Communities on 14 October 1999 by Garage                       (1) OJ L 280 of 30.10.1999, p. 87.
Bernsteyn B.V., of Berg en Terblijt (Netherlands), represented
by T.J.M. Oostdijk, of the Maastricht Bar.
The applicant claims that the Court should:
— annul the Commission’s decision (C(1999) 2539 final) (1)
    of 20 July 1999 concerning State aid granted by the
                                                                        Action brought on 3 November 1999 by Territorio
    Netherlands to 633 service stations in the region bordering
                                                                        Histórico de Gipuzkoa and Gipuzkoako Foru Aldundia —
    Germany, and order that, as regards the applicant, no
                                                                        Diputación Foral de Gipuzkoa against Commission of the
    demand for repayment should be made, or at any rate
                                                                                             European Communities
    decide the matter in such way as the Court shall consider
    to be fair and reasonable;
                                                                                                 (Case T-269/99)
— make the appropriate order as to costs, in accordance with
    the law.                                                                                      (2000/C 47/51)
Pleas in law and main arguments                                                            (Language of the case: Spanish)
The pleas in law and main arguments are the same as in Case             An action against the Commission of the European Communi-
T-210/99.                                                               ties was brought before the Court of Justice on 3 November
                                                                        1999 by Territorio Histórico de Gipuzkoa and Gipuzkoako
(1) OJ L 280 of 30.10.1999, p. 87.
                                                                        Foru Aldundia — Diputación Foral de Gipuzkoa, Gipuzkoa
                                                                        (Spain), represented by Antonio Creus Carreras and Begoña
                                                                        Uriarte Valiente, of the Barcelona and Madrid Bars respectively,
                                                                        Cuatrecasas Abogados, 60 Av. de Cortenbergh, Brussels.