CELEX: C2000/259/28
Language: en
Date: 2000-09-09 00:00:00
Title: Judgment of the Court of First Instance of 29 June 2000 in Case T-7/99: Medici Grimm KG v Council of the European Union (Dumping — Regulation closing an interim review — Retroactivity — Recovery of duties — Action for annulment — Admissibility)

9.9.2000              EN                      Official Journal of the European Communities                                          C 259/17
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              and, in Case T-172/98, A.P. Feeney, and, in Cases T-175/98,
                                                                         T-176/98 and T-177/98, S. Marquardt and A.P. Feeney),
                                                                         supported by Republic of Finland (Agents: T. Pynnä and
                                                                         H. Rotkirch), by Commission of the European Communities
                        of 27 June 2000                                  (Agents: in Case T-175/98 and T-177/98, U. Wölker and
                                                                         I. Martinez del Peral, and, in Cases T-172/98 and T-176/98,
                                                                         I.M. Martinez del Peral and M. Schotter), by United Kingdom
in Joined Cases T-172/98, T-175/98 to T-177/98: Salaman-                 of Great Britain and Northern Ireland (Agent: M. Ewing) and
der AG and Others v European Parliament and Council of                   by French Republic (Agents: K. Rispal-Bellanger and R. Loosli-
                    the European Union (1)                               Surrans) — application for annulment of Directive 98/43/EC
                                                                         of the European Parliament and of the Council of 6 July
                                                                         1998 on the approximation of the laws, regulations and
                                                                         administrative provisions of the Member States relating to the
(Action for annulment — Directive 98/43/EC — Prohibition                 advertising and sponsorship of tobacco products (OJ 1998
of advertising and sponsorship of tobacco products —                     L 213, p. 9) — the Court (Third Chamber), composed of:
                          Admissibility)                                 K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; H. Jung,
                                                                         Registrar, has given a judgment on 27 June 2000, in which it:
                                                                         1.    Joins Cases T-172/98 and T-175/98 to T-177/98 for the
                        (2000/C 259/27)                                        purposes of the judgment;
                                                                         2.    Dismisses the actions as inadmissible;
                                                                         3.    Orders the applicants to bear their own costs and, jointly and
            (Languages of the case: English and German)                        severally, those of the Parliament and the Council;
                                                                         4.    Orders the Republic of Finland, the French Republic, the United
                                                                               Kingdom and the Commission to bear their own costs;
In Joined Cases T-172/98, T-175/98 to T-177/98: Salamander
AG, established in Kornwestheim, Germany, represented by
                                                                         5.    Orders Markenverband eV, Manifattura Lane Gaetano Marzot-
O.W. Brouwer, of the Amsterdam and Brussels Bars, and
                                                                               to & Figli SpA and Lancaster BV to bear their own costs.
F.P. Louis, of the Brussels Bar, with an address for service in
Luxembourg at the Chambers of M. Loesch, 11 Rue Goethe,
Una Film ‘City Revue’ GmbH, established in Vienna, Austria,              (1) OJ C 48 of 20.2.99, OJ C 1 of 4.1.99, OJ C 397 of 19.12.98.
represented by R. Borgelt, Rechtsanwalt, Düsseldorf, assisted
by M. Dauses, of the University of Bamberg, with an address
for service in Luxembourg at the Chambers of Reding and
Felten, 2 Rue Jean-Pierre Brasseur, Alma Media Group Advertis-
ing SA & Co. Partnership, Panel Two and Four Advertising SA,
Rythmos Outdoor Advertising SA, Media Center Advertising
SA, all established in Athens, Greece, represented by H. Papa-
constantinou, of the Athens Bar, É. Morgan de Rivery, of the                JUDGMENT OF THE COURT OF FIRST INSTANCE
Paris Bar, and J. Derenne, of the Paris and Brussels Bars, with
an address for service in Luxembourg at the Chambers of
                                                                                                    of 29 June 2000
A. Schmitt, 7 Val Sainte-Croix, Zino Davidoff SA, established
in Fribourg, Switzerland, and Davidoff & Cie SA, established
in Geneva, Switzerland, represented by R. Wägenbaur, of the              in Case T-7/99: Medici Grimm KG v Council of the
Brussels Bar, with an address for service in Luxembourg at the                                    European Union (1)
Chambers of Arendt and Medernach, 8-10 Rue Mathias Hardt,
supported by Markenverband eV, established in Wiesbaden,                 (Dumping — Regulation closing an interim review —
Germany, represented by K. Bauer, Rechtsanwalt, Cologne,                 Retroactivity — Recovery of duties — Action for annulment
assisted by M. Dauses, of the University of Bamberg, with an                                        — Admissibility)
address for service in Luxembourg at the Chambers of
M. Loesch, 11 Rue Goethe, and by Manifattura Lane Gaetano
Marzotto & Figli SpA, established in Valdagno, Italy, represent-                                    (2000/C 259/28)
ed by L. Magrone Furlotti, of the Rome Bar, with an address
for service in Luxembourg at the Chambers of A. Schmitt, 7
Val Sainte-Croix, in Case T-172/98, and by Lancaster BV,                                     (Language of the case: English)
established in Amsterdam, Netherlands, represented by R. Wä-
genbaur, of the Brussels Bar, with an address for service in             In Case T-7/99: Medici Grimm KG, established in Rodgau
Luxembourg at the Chambers of Arendt and Medernach, 8-10                 Hainhausen, Germany, represented by R. MacLean, Solicitor,
Rue Mathias Hardt, in Case T-177/98 v European Parliament                assisted by P. McGarry, Barrister, with an address for service in
(Agents: C. Pennera and, in Cases T-172/98 and T-176/98,                 Luxembourg at the Chambers of Arendt, 8-10 Rue Mathias
M. Moore, and, in Cases T-175/98 and T-177/98, M. Berger)                Hardt v Council of the European Union (Agents: S. Marquardt
and Council of the European Union (Agents: R. Gosalbo Bono,              and G. Berrisch), supported by Commission of the European
 ---pagebreak--- C 259/18                 EN                      Official Journal of the European Communities                                       9.9.2000
Communities (Agents: V. Kreuschitz and N. Khan) — appli-                    damage — the Court of First Instance (Second Chamber),
cation for partial annulment of Council Regulation (EC)                     composed of: J. Pirrung, President, and A. Potocki and
No 2380/98 of 3 November 1998 amending Council Regu-                        A.W.H. Meij, Judges; J. Palacio González, Administrator, for
lation (EC) No 1567/97 imposing a definitive anti-dumping                   the Registrar, has given a judgment on 13 July 2000, in which
duty on imports of leather handbags originating in the People’s             it:
Republic of China (OJ 1998 L 296, p. 1) — the Court (Fourth
Chamber, Extended Composition), composed of: V. Tiili, Presi-               1.    Dismisses the action;
dent, P. Lindh, R.M. Moura Ramos, J.D. Cooke and P. Mengoz-
zi, Judges; B. Pastor, Principal Administrator, for the Registrar,          2.    Orders the parties to bear their own costs.
has given a judgment on 29 June 2000, in which it:
1.    Annuls Article 2 of Council Regulation No 2380/98 of                  (1) OJ C 86 of 27.3.1999.
      3 November 1998 amending Council Regulation (EC)
      No 1567/97 imposing a definitive anti-dumping duty on
      imports of leather handbags originating in the People’s Republic
      of China in so far as the Council did not abide by all the
      consequences of the review findings relating to the applicant’s
      imports of Lucci Creation’s products;
2.    Orders that the amendment of the rates of duty shall remain in            JUDGMENT OF THE COURT OF FIRST INSTANCE
      force until the competent institutions have adopted the measures
      necessary to comply with this judgment;                                                         of 27 June 2000
3.    Orders the Council to bear its own costs and pay those of the
      applicant;                                                            in Case T-67/99: K v Commission of the European
                                                                                                      Communities (1)
4.    Orders the Commission to bear its own costs.
                                                                            (Officials — Duty of the administration to provide assist-
                                                                            ance — Article 24 of the Staff Regulations — Scope —
(1) OJ C 86 of 27.3.99.                                                                                    Limits)
                                                                                                      (2000/C 259/30)
                                                                                               (Language of the case: French)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 In Case T-67/99: K, an official of the Commission of the
                                                                            European Communities, residing in Brussels, represented by
                                                                            E. Boigelot, of the Brussels Bar, with an address for service in
                           of 13 July 2000                                  Luxembourg at the Chambers of L. Schiltz, 2 Rue du Fort
                                                                            Rheinsheim, v Commission of the European Communities
in Case T-24/99: Claudio d’Aloya v Council of the Euro-                     (Agents: G. Valsesia and F. Clotuche-Duvieusart) — application
                           pean Union (1)                                   for annulment of the Commission’s decision of 15 May 1998
                                                                            rejecting the request for assistance submitted by the applicant
                                                                            pursuant to Article 24 of the Staff Regulations of officials of
(Officials — Promotion — Action for annulment — Action                      the European Communities, seeking the assumption by the
                            for damages)                                    defendant of responsibility for payment of the costs of criminal
                                                                            proceedings brought in response to the submission of a
                          (2000/C 259/29)                                   complaint to the Brussels Public Prosecutor’s office — the
                                                                            Court of First Instance (Fifth Chamber), composed of: R. Gar-
                                                                            cı́a-Valdecasas, President, and P. Lindh and J.D. Cooke, Judges;
                                                                            J. Palacio González, Administrator, for the Registrar, has given
                     (Language of the case: Italian)
                                                                            a judgment on 27 June 2000, in which it:
In Case T-24/99: Claudio d’Aloya, an official of the Council of             1.    Dismisses the action;
the European Union, residing in Brussels, represented by
W. Viscardini Donà and G. Donà, of the Padua Bar, with an                   2.    Orders the parties to bear their own costs.
address for service in Luxembourg at the Chambers of
E. Arendt, 8-10 Rue Mathias Hardt, v Council of the European
Union (Agents: G. Maganza and M. Bauer) — application, first,               (1) OJ C 160 of 5.6.1999.
for annulment of two decisions adopted by the Council in the
context of the procedure for filling a grade A 2 post in its
Legal Service and, second, for compensation for non-material