CELEX: C1995/159/48
Language: en
Date: 1995-06-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 2 May 1995 in Joined Cases T-163/94 and T-165/94 NTN Corporation and Koyo Seiko Co. Ltd. v. Council of the European Union (Anti-dumping duty on ball-bearings - Review - Regulation modifying a definitive anti-dumping duty - Determination of the injury)

24. 6 . 95          [ EN                  Official Journal of the European Communities                                  No C 159/23
4 , ordered the interveners to bear their own costs.                       which are to be paid by the applicant. Each of the
                                                                           interveners shall pay its own costs.
(!) OJ No C 47, 21 . 2 . 1992 .
(2 ) OJ No L 254, 11 . 9 . 1991 , p. 14.                             ( i ) OJ No C 29, 2 . 2 . 1993 and OJ No C 62, 4 . 3 . 1993 .
                                                                     ( 2 ) OJ No L 286 , 1 . 10 . 1992 , p . 2 .
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                    ORDER OF THE PRESIDENT
                         of 2 May 1995                                         OF THE COURT OF FIRST INSTANCE
in Joined Cases T-163/94 and T-165/94 NTN Corporation                                         of 10 March 1995
and Koyo Seiko Co. Ltd. v. Council of the European
                                                                     in Case T-395/94 R: Atlantic Container Line AB and Others
                             Union O
                                                                             v. Commission of the European Communities
(Anti-dumping duty on ball-bearings — Review —
Regulation modifying a definitive anti-dumping duty —                                             95/C 159/49 )
                 Determination of the injury)
                                                                                     (Language of the case: English)
                          ( 95/C 159/48 )
                                                                     In Case T-395/94 R, Atlantic Container Line AB,
               (Language of the case: English)                       established in Gothenburg, Sweden, Cho Yang Shipping
                                                                     Company Ltd, established in Seoul, DSR-Senator Lines
In Joined Cases T-163/94 and T-165/94, NTN                           GmbH, established in Bremen, Germany, Hapag Lloyd AG,
Corporation, whose registered office is in Osaka (Japan ),           established in Hamburg, Germany, MSC Mediterranean
represented by Jürgen Schwarze and Malte Sprenger,                   Shipping Company SA, established in Geneva, Switzerland,
Rechtsanwalt, Dusseldorf, with an address for service in             A. P. Møller-Mærsk Line, established in Copenhagen,
Luxembourg at the Chambers of Claude Penning, 78                     Nedlloyd Lijnen BV, established in Rotterdam, the
Grand-Rue, and Koyo Seiko Co . Ltd, whose registered                 Netherlands, Neptune Orient Lines Ltd (NOL), established
office is in Osaka, represented by Jacques Buhart of the Paris       in Singapore, Nippon Yusen Kaisha (NYK Line ),
Bar and Charles Kaplan, Barrister, with an address for               established in Tokyo, Orient Overseas Container Line (UK)
service in Luxembourg at the Chambers of Messrs Arendt               Ltd, established in Levington, United Kingdom, P&O
and Medernach, 8—10 Rue Mathias Hardt, v. Council of                 Containers Ltd, established in London, Polish Ocean Lines,
the European Union ( Agents: R. Torrent, J. Monteiro, H. -J.         established in Gdynia, Poland, Sea-Land Service Inc .,
Rabe and G. Berrisch ), supported by the Federation of               established in Jersey City, New Jersey, United States of
European        Bearing       Manufacturers '     Associations,      America, Tecomar SA de CV, established in Mexico DF, and
represented by Dietrich Ehle and Volker Schiller,                    Transportación Maritima Mexicana SA, established in
Rechtsanwälte, Cologne, with an address for service in               Mexico DF, represented by John Pheasant, Nicholas
Luxembourg in Case T-163/94 at the Chambers of Messrs                Bromfield and Suyong Kim, Solicitors, with an address for
Arendt and Medernach, 8—10 Rue Mathias Hardt, and in                 service in Luxembourg at the Chambers of Loesch &
Case T-165/94 at the Chambers of Marc Lucius, 6 Rue                  Wolter, 11 Rue Goethe, supported by the Japanese
Michel Welter, and, in Case T-165/94 , supported also by the         Shipowners' Association, having its head office in Tokyo,
Commission of the European Communities (Agents : E.                  represented by Nicholas J. Forwood QC, of the Bar of
White and C. -M. Happe ) — application for the annulment             England and Wales, and Philip Rutley, Solicitor, with an
of Council Regulation ( EEC ) No 2849/92 of 28 September             address for service in Luxembourg at the Chambers of
1992 modifying the definitive anti-dumping duty on                   Arendt & Medernach, 8—10 Rue Mathias Hardt, and the
imports of ball-bearings with a greatest external diameter           European Community Shipowners ' Associations ASBL,
exceeding 30 mm originating in Japan imposed by                      having its head office in Brussels, represented by Denis
Regulation (EEC ) No 1739/85 ( 2 ) — the Court of First              Waelbroeck, of the Brussels Bar, with an address for service
Instance ( Third Chamber, extended composition )                     in Luxembourg at the Chambers of Ernest Arendt, 8—10
composed of: J. Biancarelli, President, R. Schintgen, C. P.          Rue Mathias Hardt v. Commission of the European
Briët, R. Garcfa-Valdecasas and C. W. Bellamy, Judges, H.            Communities (Agents : B. Langeheine and R. Lyal ),
Jung, Registrar, has given a judgment on 2 May 1995 in               supported by the Freight Transport Association Ltd, having
which it:                                                            its head office in Tunbridge Wells, United Kingdom, the
                                                                     Association des Utilisateurs de Transport de Fret, having its
1 , annuls Article 1 of Council Regulation (EEC)                     head office in Paris, and the European Council of Transport
     No 2849/92 of 28 September 1992 modifying the                   Users, having its head office in Brussels, represented by
     definitive anti-dumping duty on imports of                      Mark Clough, Barrister, of the Bar of England and Wales,
     ball-bearings with a greatest external diameter                 with an address for service in Luxembourg at the Chambers
     exceeding 30 mm originating in Japan imposed by                 of Aloyse May, 31 Grand-Rue — application for an order
     Regulation (EEC) No 1 739/85, in so far as it imposes an        suspending the operation of Commission Decision
     anti-dumping duty on the applicants;                            94/980/EC of 19 October 1994 relating to a proceeding
                                                                     pursuant to Article 85 of the EC Treaty ( IV/34.446 —
2 , orders the Council to bear its own costs and those of the        Trans-Atlantic Agreement) ( a ) — the President of the Court
     applicants, with the exception of the costs of the              of First Instance has made an order on 10 March 1995 , the
     applicant in Case T-l 63/94 relating to the intervention,       operative part of which is as follows :