CELEX: C2002/169/71
Language: en
Date: 2002-07-13 00:00:00
Title: Case T-139/02: Action brought on 29 April 2002 by the public limited company Idiotiko Institouto Epangelmatikis Katartisis N. Avgerinopoulou — Anagnorismenes Technikes Idiotikes Epangelmatikes Scholes, the Panellinia Enosi Idiotikon Institouton Epangelmatikis Katartisis and the Panellinia Enosi Idiotikis Technikis Epangelmatikis Ekpaidefsis kai Katartisis against the Commission of the European Communities

C 169/40                EN                   Official Journal of the European Communities                                       13.7.2002
Communities on 26 April 2002 by Nanjing Metalink Inter-                 Action brought on 29 April 2002 by the public limited
national Co. Ltd., represented by Mr Paul Waer of Vermulst              company Idiotiko Institouto Epangelmatikis Katartisis
Waer & Verhaeghe, Brussels (Belgium).                                   N. Avgerinopoulou — Anagnorismenes Technikes
                                                                        Idiotikes Epangelmatikes Scholes, the Panellinia Enosi
                                                                        Idiotikon Institouton Epangelmatikis Katartisis and the
                                                                        Panellinia Enosi Idiotikis Technikis Epangelmatikis Ekpai-
The applicant claims that the Court should:                             defsis kai Katartisis against the Commission of the Euro-
                                                                                               pean Communities
—     annul Article 1 of Council Regulation (EC) no 215/2002
      of 28 January 2002 in so far as it imposes an anti-                                        (Case T-139/02)
      dumping duty on Nanjing Metalink International Co.
      Ltd.;
                                                                                                (2002/C 169/71)
—     order the Council to pay the costs of the application.
                                                                                           (Language of the case: Greek)
Pleas in law and main arguments                                         An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 29 April 2002 by Idiotiko Institou-
The applicant is a company in the People’s Republic of China            to Epangelmatikis Katartisis N. Avgerinopoulou — Anagnoris-
producing ferro molybdenum. In the contested Decision (1),              menes Technikes Idiotikes Epangelmatikes Scholes, a public
the Council imposed definitive anti-dumping duties on imports           limited company whose seat is in Athens, the Panellinia Enosi
of ferro molybdenum originating from China.                             Idiotikon Institouton Epangelmatikis Katartisis, whose seat
                                                                        is in Athens, and the Panellinia Enosi Idiotikis Technikis
                                                                        Epangelmatikis Ekpaidefsis kai Katartisis, whose seat is in
The applicant states that it was granted Market Economy                 Athens, represented by Th. Antoniou and Kh. Tsiliotis, of the
Treatment in the Regulation imposing a provisional duty (2),            Athens Bar.
which resulted in a reduced anti-dumping duty for the
applicant. This treatment was revoked in the contested
Decision. The applicant claims that by revoking the Market              The applicants claim that the Court should:
Economy Treatment which was granted on the basis of the
same investigation, the Council breached Article 2(7) (c) of            —     allow the application;
Council Regulation (EC) no 384/96 (3). According to the
applicant, the Council did not follow the procedures                    —     annul the contested decision of 27 February 2002
prescribed in Regulation 384/96 for the revocation of                         adopted by the Directorate-General for Employment and
Market Economy Treatment. Instead, the initial determination                  Social Affairs of the Commission with the objective of
made should have remained in force until a new investigation                  invalidating the unlawful refusal of the Commission —
was conducted.                                                                for the reasons set out in the grounds of the application —
                                                                              to remove the unlawful distinction between private and
                                                                              public vocational training bodies so far as concerns the
Secondly, the applicant submits that by revoking the grant of                 financing exclusively of the latter by the third Community
Market Economy Treatment, the Council exceeded its powers                     support framework and, in particular, by the operational
under Council Regulation (EC) no 384/96. According to the                     programme ‘Education and Initial Vocational Training II’.
applicant, the Council does not have the power to revoke a
grant of Market Economy Treatment without instituting a
fresh investigation.
                                                                        Pleas in law and main arguments
(1) Council Regulation (EC) No 215/2002 of 28 January 2002
    imposing definitive anti-dumping duties on imports of ferro         —     Infringement of provisions of Council Regulation
    molybdenum originating in the People’s Republic of China (OJ              No 1260/1999.
    L 35, 6.2.2002, p. 1).
(2) Commission Regulation (EC) No 1612/2001 of 3 August 2001            —     Infringement of provisions of primary law.
    imposing a provisional anti-dumping duty on imports of ferro
    molybdenum originating in the People’s Republic of China (OJ
    L 214, 8.8.2001, p. 3).                                             —     Infringement of the principle of equality laid down by
(3) Council Regulation (EC) No 384/96 of 22 December 1995 on                  Article 12 (ex Article 6) of the EC Treaty.
    protection against dumped imports from countries not members
    of the European Community (OJ L 56, 6.3.1996, p. 1).                —     Infringement of the principle of subsididarity.