CELEX: C1999/160/40
Language: en
Date: 1999-06-05 00:00:00
Title: Case T-178/98: Action brought on 28 October 1998 by Fresh Marine Company AS against the Commission of the European Communities

5.6.1999              EN                     Official Journal of the European Communities                                   C 160/21
Action brought on 28 October 1998 by Fresh Marine                       Secondly, by failing to inform the applicant of its findings
Company AS against the Commission of the European                       prior to the imposition of provisional measures and not
                         Communities                                    giving the applicant the opportunity to comment on the
                                                                        Commission’s findings, the Commission has infringed the
                                                                        applicant’s right to a fair hearing.
                        (Case T-178/98)
                                                                        (1) OJ L 346, 17.12.1997, p. 63.
                        (1999/C 160/40)
                  (Language of the case: English)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 October 1998 by Fresh Marine                 Action brought on 7 December 1998 by The Committee
Company AS, represented by Jean-François Bellis, with an                of the Cotton and Allied Textile Industries of the Euro-
address for service in Luxembourg at the Chambers of Loesch             pean Union (Eurocoton) against the Council of the Euro-
& Wolter,11, rue Goethe.                                                                            pean Union
The applicant claims that the Court should:                                                      (Case T-192/98)
— order the Commission to pay damages to it in the total                                         (1999/C 160/41)
     amount of NOK 2 115 000, and
                                                                                          (Language of the case: English)
— order the Commission to bear all the costs of the proceed-
     ings.
                                                                        An action against the Council of the European Union was
                                                                        brought before the Court of First Instance of the European
                                                                        Communities on 7 December 1998 by the Committee of the
Pleas in law and main arguments                                         Cotton and Allied Textile Industries of the European Union
                                                                        (Eurocoton), represented by Clive Stanbrook QC and Professor
                                                                        Alan Dashwood with an address for service in Luxembourg at
The applicant, a limited company established under the laws             the Chambers of Arsène Kronshagen, 22, rue Marie Adélaïde.
of Norway, is specialised in the selling of farmed Atlantic
salmon. With effect from 18 December 1997 the Commission
imposed provisional anti-dumping and countervailing duties              The applicant claims that the Court should:
on certain imports of farmed Atlantic salmon originating in
Norway (1).                                                             — declare void, pursuant to articles 173 and 174 EC, the
                                                                            Council’s decision to reject the Commission’s proposal for
                                                                            a Regulation (1) imposing definitive anti-dumping duties
The applicant estimates the damage suffered as a result of the              on imports of unbleached cotton fabric from India,
introduction of provisional measures (in particular deprivation             Indonesia, Pakistan, Turkey, China and Egypt, and (2)
of a significant part of the revenues expected from the 1997                collecting the provisional duties imposed by Regulation
Christmas sales) to NOK 1 115 000. In addition to the damage                (EC) No 773/98 of 7 April 1998, and
inflicted upon it in the form of lost sales on the Community
market, the applicant claims that it has faced and will                 — order that the costs of the proceedings be borne by the
continue to face substantial costs in re-establishing itself on             Council.
the Community market. The applicant considers it reasonable
to estimate this damage to amount to NOK 1 000 000.
                                                                        Pleas in law and main arguments
The applicant submits that the Commission has committed a
flagrant breach of two superior rules of law for the protection         The grounds and arguments are similar to those invoked in
of the individual by imposing provisional antidumping and               case T-213/97 (1).
countervailing duties on it.
                                                                        (1) OJ C 318, 18.10.1997, p. 23.
Firstly, the Commission has failed to discharge its duty of due
care and proper administration by failing to clarify the
applicant’s monitoring report prior to the imposition of
provisional measures.