CELEX: C2001/118/111
Language: en
Date: 2001-04-21 00:00:00
Title: Case T-35/01: Action brought on 16 February 2001 by Shanghai Teraoka Electronic Co. Ltd. against the Council of the European Union

21.4.2001             EN                     Official Journal of the European Communities                                       C 118/41
—     that, in any event, a period of three and a half years            —     Articles 3(2), 3(3), 3(5) and 3(8) of the basic dumping
      elapsed between 1 December 1995, the date on which he                   regulation in determining that the Community industry
      was first found to be suffering from invalidity, and his                has suffered material injury,
      reinstatement in service on 16 June 1999, a fairly long
      period of time during which the applicant’s home in               —     Article 3(6) of the basic dumping regulation in determin-
      Belgium had to be kept up and maintained in order to be                 ing that imports from the targeted countries caused
      ready for use on his return to Belgium. Further, the                    material injury to the Community industry, and
      applicant incurred substantial costs prior to moving to
      Belgium.                                                          —     Articles 20(4), 20(5) and 6(9) of the basic dumping
                                                                              regulation, Article 253 EC as well as the applicant’s right
                                                                              to a fair hearing.
                                                                        (1) OJ L 56 of 6.3.1996, p. 1.
Action brought on 16 February 2001 by Shanghai Teraoka
Electronic Co. Ltd. against the Council of the European
                              Union
                          (Case T-35/01)
                                                                        Action brought on 19 February 2001 by Glaverbel against
                                                                            the Office for Harmonization in the Internal Market
                        (2001/C 118/111)
                                                                                                   (Case T-36/01)
                  (Language of the case: English)
                                                                                                 (2001/C 118/112)
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 16 February 2001 by Shanghai Teraoka                                        (Language of the case: English)
Electronic Co. Ltd., a company incorporated under Chinese
Law, represented by Paul Waer, of the Brussels Bar.                     An action against the Office for Harmonization in the Internal
                                                                        Market was brought before the Court of First Instance of the
The applicant claims that the Court should:                             European Communities on 19 February 2001 by Glaverbel,
                                                                        established under the laws of Belgium, represented by Susanne
                                                                        Möbus of Müller-Boré & Parnter, Munich (Germany).
—     annul Article 1 of Council Regulation (EC) No 2605/2000
      of 27 November 2000 in so far as it imposes an anti-
      dumping duty on Shanghai Teraoka Electronic Co. Ltd.,             The applicant claims that the Court should:
      and;
                                                                        —     annul or alter the decision of the First Board of Appeal of
—     order the Council to pay the costs of the application.                  the Office for Harmonization in the Internal Market of
                                                                              30 November 2000 (case R 0137/2000-1);
Pleas in law and main arguments                                         —     order the Office to pay the costs.
The applicant in the present case is a company incorporated
                                                                        Pleas in law and main arguments
under Chinese Law, whose object is to manufacture high
technology products. It claims that, by imposing anti-dumping
duties on imports of certain retail electronic weighing scales          Trade mark concerned:          A design applied to a surface
manufactured and exported by the applicant, the defendant                                              of the goods in accordance with
has infringed various provisions of the Council Regulation                                             Article 63(1), of the regulation on
No 384/96 on protection against dumped imports from                                                    the Community trade mark (Case
countries not members of the European Communities (1) (the                                             R 0137/2000-1).
basic dumping regulation). It is submitted that the Council has
infringed:                                                              Product or service:            Classes 11, 19 and 21.
—     Article 2(7)c of the basic dumping regulation in denying          Challenged        decision     Refusal of registration by the
      that the applicant could be granted market economy                before the Board of            Examiner.
      status,                                                           Appeal: