CELEX: C2001/200/14
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 3 May 2001 in Joined Cases C-76/98 P and C-77/98 P: Ajinomoto Co., Inc. and The NutraSweet Company v Council of the European Union (Appeal — Dumping — Normal value — Existence of a patent in the exporter's domestic market — Effect on the lawfulness of the regulation imposing a definitive anti-dumping duty of an allegedly illegal element of the regulation imposing a provisional anti-dumping duty)

C 200/8                    EN                    Official Journal of the European Communities                                          14.7.2001
                   JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                              of 3 May 2001                                                          (Sixth Chamber)
in Case C-204/97: Portuguese Republic v Commission of
                                                                                                       of 3 May 2001
                   the European Communities (1)
(State aid — Aid for producers of liqueur wines and eaux-                   in Joined Cases C-76/98 P and C-77/98 P: Ajinomoto Co.,
de-vie — Aid granted by the French Republic in the context                  Inc. and The NutraSweet Company v Council of the
                 of an increase in internal taxation)                                               European Union (1)
                             (2001/C 200/13)                                (Appeal — Dumping — Normal value — Existence of a
                                                                            patent in the exporter’s domestic market — Effect on the
                                                                            lawfulness of the regulation imposing a definitive anti-
                                                                            dumping duty of an allegedly illegal element of the regulation
                    (Language of the case: Portuguese)
                                                                                       imposing a provisional anti-dumping duty)
(Provisional translation; the definitive translation will be published                                (2001/C 200/14)
                      in the European Court Reports)
In Case C-204/97: Portuguese Republic (Agents: L. Fernandes,                                    (Language of the case: English)
Â. Seiça Neves and C. Botelho Moniz) supported by Kingdom
of Spain (Agent: R. Silva de Lapuerta) v Commission of the
European Communities (Agents: A. M. Alves Vieira and                        In Joined Cases C-76/98 P and C-77/98 P: Ajinomoto Co.,
D. Triantafyllou) supported by French Republic (Agents:                     Inc., established in Tokyo (Japan), represented by M. Siragusa,
K. Rispal-Bellanger and G. Mignot) — application for annul-                 avvocato, T. Müller-Ibold, Rechtsanwalt, and V. Donaldson,
ment of the Commission’s decision of 6 November 1996                        solicitor, with an address for service in Luxembourg, and The
concerning aid intended to be granted by the French Republic                NutraSweet Company, established at Deerfield (United States),
to producers of liqueur wines and eaux de vie in the form of                represented by J.-F. Bellis, avocat, and F. Di Gianni, avvocato,
aid for promotional measures and technical aid for research,                with an address for service in Luxembourg — appeals against
technical support and investment, a summary of which was                    the judgment of the Court of First Instance of the European
published in the Official Journal of the European Communities of            Communities (Fifth Chamber, Extended Composition) of
6 March 1997 (OJ 1997 C 70, p. 14) — the Court, composed                    18 December 1997 in Joined Cases T-159/94 and T-160/94
of: C. Gulmann, President of the Third and Sixth Chambers,                  Ajinomoto and NutraSweet v Council [1997] ECR II-2461,
acting for the President, A. La Pergola, M. Wathelet and                    seeking to have that judgment set aside, the other parties to
V. Skouris (Presidents of Chambers), D.A.O. Edward (Rapporte-               the proceedings being: Council of the European Union (Agents:
ur), J.-P. Puissochet, P. Jann, L. Sevón and R. Schintgen, Judges;         G. Houttuin and S. Marquardt, assisted by H.-J. Rabe and
S. Alber, Advocate General; H. von Holstein, Deputy Registrar,              G.M. Berrisch) and Commission of the European Communities
for the Registrar, has given a judgment on 3 May 2001, in                   (Agent: N. Khan) — the Court (Sixth Chamber), composed of:
which it:                                                                   C. Gulmann, President of the Chamber, V. Skouris (Rapporte-
                                                                            ur), J.-P. Puissochet, R. Schintgen and F. Macken, Judges;
1.     Annuls the Commission’s decision of 6 November 1996                  P. Léger, Advocate General; H.A. Rühl, Principal Administrator,
       concerning aid intended to be granted by the French Republic         for the Registrar, has given a judgment on 3 May 2001, in
       to producers of liqueur wines and eaux de vie in the form of aid     which it:
       for promotional measures and technical aid for research,
       technical support and investment;                                    1.    Dismisses the appeals;
2.     Orders the Commission of the European Communities to pay             2.    Orders Ajinomoto Co., Inc. and The NutraSweet Company to
       the costs;                                                                 bear their own costs and to pay the costs incurred by the Council
                                                                                  of the European Union in these proceedings;
3.     Orders the Kingdom of Spain and the French Republic to bear
       their own costs.                                                     3.    Orders the Commission of the European Communities to bear
                                                                                  its own costs.
(1) OJ C 212 of 12.7.1997.                                                  (1) OJ C 166 of 30.5.1998.