CELEX: C2001/173/12
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court of 15 February 2001 in Case C-239/99 (reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany)): Nachi Europe GmbH v Hauptzollamt Krefeld (Common commercial policy — Anti-dumping measures — Article 1(2) of Regulation (EEC) No 2849/92 — Modification of the definitive anti-dumping duty on imports of ball bearings with a greatest external diameter exceeding 30 mm originating in Japan — Reference for a preliminary ruling on whether that regulation is valid — Failure by the plaintiff in the main proceedings to bring an action seeking annulment of the regulation)

C 173/8                  EN                     Official Journal of the European Communities                                    16.6.2001
                  JUDGMENT OF THE COURT                                    nature of the anti-dumping duty applicable under Article 1(2) of
                                                                           Regulation No 2849/92 to ball bearings manufactured by Nachi
                        of 15 February 2001                                Fujikoshi Corporation and imported by Nachi Europe GmbH.
in Case C-239/99 (reference for a preliminary ruling from
                                                                           (1) OJ C 246 of 28.8.1999.
the Finanzgericht Düsseldorf (Germany)): Nachi Europe
                GmbH v Hauptzollamt Krefeld (1)
(Common commercial policy — Anti-dumping measures —
Article 1(2) of Regulation (EEC) No 2849/92 — Modifi-
cation of the definitive anti-dumping duty on imports of ball
bearings with a greatest external diameter exceeding 30 mm
originating in Japan — Reference for a preliminary ruling
on whether that regulation is valid — Failure by the
plaintiff in the main proceedings to bring an action seeking                               JUDGMENT OF THE COURT
                   annulment of the regulation)
                                                                                                of 20 February 2001
                           (2001/C 173/12)
                                                                           in Case C-192/99 (reference for a preliminary ruling from
                                                                           the High Court of Justice of England and Wales, Queen’s
                    (Language of the case: German)                         Bench Division (Crown Office)): The Queen v Secretary
                                                                           of State for the Home Department, ex parte: Manjit Kaur,
                                                                                                intervener: Justice (1)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                           (Citizenship of the Union — Nationality of a Member State
                                                                           — Declarations by the United Kingdom concerning the
In Case C-239/99: reference to the Court under Article 177 of              definition of the term ‘national’ — British Overseas Citizen)
the EC Treaty (now Article 234 EC) from the Finanzgericht
(Finance Court) Düsseldorf for a preliminary ruling in the
proceedings pending before that court between Nachi Europe                                         (2001/C 173/13)
GmbH and Hauptzollamt Krefeld — on the validity of
Article 1(2) of Council Regulation (EEC) No 2849/92 of
28 September 1992 modifying the definitive anti-dumping                                      (Language of the case: English)
duty on imports of ball bearings with a greatest external
diameter exceeding 30 mm originating in Japan imposed by
Regulation (EEC) No 1739/85 (OJ 1992 L 286, p. 2) —                        In Case C-192/99: reference to the Court under Article 177 of
the Court, composed of: G.C. Rodriguez Iglesias, President,                the EC Treaty (now Article 234 EC) from the High Court of
C. Gulmann, A. La Pergola (Rapporteur), M. Wathelet and                    Justice of England and Wales, Queen’s Bench Division (Crown
V. Skouris (Presidents of Chambers), D.A.O. Edward,                        Office) (United Kingdom of Great Britain and Northern Ireland)
J.-P. Puissochet, P. Jann, L. Sevón, R. Schintgen and F. Macken,          for a preliminary ruling in the proceedings pending before that
Judges; F.G. Jacobs, Advocate General; H.A. Rühl, Principal                court between The Queen and Secretary of State for the Home
Administrator, for the Registrar, has given a judgment on                  Department, ex parte: Manjit Kaur, intervener: Justice — on
15 February 2001, in which it has ruled:                                   the interpretation of Articles 8 and 8a of the EC Treaty (now,
                                                                           after amendment, Articles 17 EC and 18 EC), of the Declaration
                                                                           by the Government of the United Kingdom of Great Britain
Neither the judgment of the Court of First Instance in Joined Cases
                                                                           and Northern Ireland on the definition of the term ‘nationals’,
T-163/94 and T-165/94 NTN Corporation and Koyo Seiko v
                                                                           annexed to the Final Act of the Treaty concerning the
Council nor that of the Court of Justice in Case C-245/95 P
                                                                           Accession of the Kingdom of Denmark, Ireland and the
Commission v NTN and Koyo Seiko affected the validity of
                                                                           United Kingdom of Great Britain and Northern Ireland to the
Article 1(2) of Council Regulation (EEC) No 2849/92 of 28 Sep-
                                                                           European Communities (OJ 1972 L 73, p. 196), of the new
tember 1992 modifying the definitive anti-dumping duty on imports
                                                                           Declaration by the Government of the United Kingdom of
of ball bearings with a greatest external diameter exceeding 30 mm
                                                                           Great Britain and Northern Ireland on the definition of the
originating in Japan imposed by Regulation (EEC) No 1739/85 in
                                                                           term ‘nationals’ (OJ 1983 C 23, p. 1), and of Declaration No 2
so far as it fixes an anti-dumping duty applicable to ball bearings
                                                                           on nationality of a Member State, annexed to the Final Act of
manufactured by Nachi Fujikoshi Corporation.
                                                                           the Treaty on European Union (OJ 1992 C 191, p. 98) —
                                                                           the Court, composed of: G.C. Rodrı́guez Iglesias, President,
An importer of those products, such as Nachi Europe GmbH, which            C. Gulmann, A. La Pergola, M. Wathelet and V. Skouris
undoubtedly had a right of action before the Court of First Instance       (Presidents of Chambers), D.A.O. Edward, J.-P Puissochet,
to seek the annulment of the anti-dumping duty imposed on those            P. Jann, L. Sevón (Rapporteur), R. Schintgen and F. Macken,
goods, but which did not exercise that right, cannot subsequently          Judges; P. Léger, Advocate General; L. Hewlett, Administrator,
plead the invalidity of that anti-dumping duty before a national           for the Registrar, has given a judgment on 20 February 2001,
court. In such a case, the national court is bound by the definitive       in which it has ruled: