CELEX: C2002/003/36
Language: en
Date: 2002-01-05 00:00:00
Title: Judgment of the Court of First Instance of 19 September 2001 in Case T-58/99: Mukand Ltd and Others v Council of the European Union (Anti-subsidy proceedings — Regulation (EC) No 2450/98 — Stainless steel bright bars — Injury — Causal link)

5.1.2002                 EN                      Official Journal of the European Communities                                                 C 3/23
3.    Annuls Article 2 of Decision 1999/580, in so far as the               1.    Annuls Council Regulation (EC) No 2450/98 of 13 November
      Federal Republic of Germany is required to recover from the                 1998 imposing a definitive countervailing duty on imports of
      applicant the part of the investment grant make to the applicant            stainless steel bars originating in India and collecting definitively
      in 1995 in respect of investment in its cold wire rod drawing               the provisional duty imposed, in so far as it concerns imports
      plant and the aid element of the guarantees covering the                    into the European Community of products manufactured by
      operating loans of DEM 7.2 million and DEM 4.8 million                      Mukand Ltd, Isibars Ltd, Ferro Alloys Corporation Ltd and
      granted at the end of 1994;                                                 Viraj Impoexpo Ltd;
4.    Dismisses the remainder of the application;                           2.    The remainder of the application is dismissed as inadmissible;
5.    Orders the applicant to pay two-thirds of its costs;                  3.    The Council shall bear its own costs together with those incurred
                                                                                  by the applicants. The Commission shall bear its own costs.
6.    Orders the Commission to pay, in addition to its own costs, one
      third of the costs incurred by the applicant;
                                                                            (1) OJ C 160 of 5.6.1999.
7.    Orders the interveners to bear their own costs.
(1) OJ C 86, 27.3.1999
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                          of 10 October 2001
                       of 19 September 2001
                                                                            in Case T-171/99: Corus UK Ltd v Commission of the
                                                                                                 European Communities (1)
in Case T-58/99: Mukand Ltd and Others v Council of the
                         European Union (1)
                                                                            (Action for damages — Recovery of undue payments —
                                                                              Harm suffered by reason of a partially annulled decision)
(Anti-subsidy proceedings — Regulation (EC) No 2450/98
    — Stainless steel bright bars — Injury — Causal link)
                                                                                                         (2002/C 3/37)
                            (2002/C 3/36)
                                                                                                 (Language of the case: English)
                    (Language of the case: English)
                                                                            In Case T-171/99: Corus UK Ltd, formerly British Steel plc,
In Case T-58/99: Mukand Ltd, established in Mumbai (India),                 then British Steel Ltd, established in London, represented by
Isibars Ltd, established in Mumbai, Ferro Alloys Corporation                P.G.H. Collins and M. Levitt, Solicitors, with an address for
Ltd, established in Nagpur (India), Viraj Impoexpo Ltd, estab-              service in Luxembourg, against Commission of the European
lished in Mumbai, represented by K. Adamantopoulos, lawyer,                 Communities (Agents: J. Currall and W. Wils) — application
and J. Branton, Solicitor, with an address for service in                   seeking compensation for the harm allegedly suffered by the
Luxembourg, against Council of the European Union (Agents:                  applicant through the Commission’s refusal to pay it interest
S. Marquardt, H.-J. Rabe and G. Berrisch), supported by                     on the amount repaid pursuant to a judgment of the Court of
Commission of the European Communities (Agents: V. Kreu-                    First Instance reducing the level of the fine imposed on it —
schitz and N. Khan) — application for annulment of Council                  the Court of First Instance (First Chamber), composed of
Regulation (EC) No 2450/98 of 13 November 1998 imposing                     B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
a definitive countervailing duty on imports of stainless steel              G. Herzig, Administrator, for the Registrar, has given a
bars originating in India and collecting definitively the pro-              judgment on 10 October 2001, in which it:
visional duty imposed (OJ 1998 L 304, p. 1) — the Court
of First Instance (First Chamber, Extended Composition),
composed of B. Vesterdorf, President, A. Potocki, J. Pirrung,               1.    Orders the Commission to pay to the applicant the sum of
M. Vilaras and N.J. Forwood, Judges; D. Christensen, Adminis-                     EUR 3 016 608, together with simple interest on that sum at
trator, for the Registrar, has given a judgment on 19 September                   the fixed rate of 5.75 % per annum, for the period from
2001, in which it:                                                                24 April 1999 to the date of the present judgment;